'He has two boys that need a father, but I'm not gonna lie about what happened'

During a quick recess, John Stonis, middle, confers with defense counsels Carl Swenson and Alec Miran. (Rochester Voice photo)

DOVER - The alleged victim in the John Stonis rape trial spent an emotional day on the witness stand on Wednesday, several times being overcome with emotion and once breaking down in sobs badly enough that a 15-minute recess was called by the presiding judge.

John Stonis, 31, of 7 Gina Drive, East Rochester, is charged with eight counts of rape in the case as well as witness tampering and several simple assaults against the victim and two officers who responded to the scene around 1 a.m. on Sept. 30, 2017. He faces more than 40 years in jail if convicted on all counts.

The 61-year-old woman, who shared domicile with Stonis for several years, spent at least two hours under cross-examination by defense attorney Carl Swenson, who led her through the many recantations of her initial statements to police officers and detectives the night of the Gina Drive incident.

Under questioning from Swenson she admitted that in November of 2017 a little more than a month since the incident, she went to prosecutors and asked them to drop charges.

"You said you wanted him home for Christmas," Swenson said.

He also read from notes taken from a statement given defense investigators that said the couple did role playing during sexual encounters and used sex toys and force, including pressure to the neck.

The alleged victim then denied that statement, adding, "I was trying to get (him) out of jail so he could see his children."

"So it was an act," Swenson said.

"Yes."

She was then asked about her panic attacks, of which she admitted she could have up to two a day.

"Can you forget (what happened) during a panic attack?" Swenson asked.

"It would have to be a bad one," she replied, later testifying she had not taken any anxiety meds on Sept. 30, 2017.

She also said she'd been suffering panic attacks her entire life and that in 2017 she was struggling to get off several meds, which included medications for bipolar, anxiety, stomach and sleep deprivation issues.

She told the court that on the night of the incident she was sad that she hadn't been invited to a birthday party for Stonis' twin boys, but she said they didn't argue about it.

She then said when he got home and asked her to share a drink of scotch, she agreed, but then went back to bed but Stonis stayed up drinking.

She testified that later he had let their two birds out of the cages in the livingroom and when she came out to talk to him their three dogs got loose, too, and were chasing the birds around, the one time she managed a quick laugh on the stand.

Under questioning from Swenson, she said that when the birds get out she and Stonis would try to handle them and get pecks and scratches for their trouble.

When going over the several times she had recanted her testimony with prosecutors and defense investigators, she said Stonis did what he is accused of but she didn't want his five-year-old boys to grow up without a father like her two sons did.

"I did not want John to stay in jail, he has two boys that need a father, but i'm not gonna lie about what happened," she said tearfully.

In answer to a question from Swenson about the many times she saw him after the incident, she said, "I loved him. Yes, I continued to see him but he never apologized."

In her last phone call with Stonis - between glass at the Strafford County Jail last November - she told him she couldn't wait for him to get out so they could share a bottle of champagne.

Much of Swenson's time during cross-examination of the alleged victim dealt with her involvement with victim's advocates and prosecutors whom Swenson sought to portray as grooming her for her testimony.

On redirect, Strafford County Assistant Attorney Emily Conant Gardo had two questions.

"Have I ever told you to lie?"

"No."

"What did I tell you?"

"To tell the truth."