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DOVER - Prosecutors say they will be extremely sensitive to the needs of the alleged victim while considering whether to move forward with a retrial in the case of an East Rochester man charged with raping his wife in September of 2017.
The trial of John Stonis, 31, formerly of Gina Drive, ended on Monday with the jury deadlocked on all charges associated with the woman's alleged rape and strangulation. The jury did find Stonis guilty of three counts of simple assault against police officers the night of his arrest, however he was found not guilty of resisting arrest.
The police assaults he was found guilty of were the result of Stonis' kicking at officers while he was partially bound inside a police cruiser. He faces 2-5 years in prison on each count.
Assistant County Attorney Layla Turner said a nearly full day of testimony by the alleged victim had put an enormous strain on her and that prosecutors would weigh heavily the emotional toll it could be putting her through another such ordeal.
"It is extremely difficult for any victim to go to trial once, let alone twice," Turner said on Tuesday. "That is certainly a factor that we will take into consideration moving forward."
During trial it was clear the victim was uncomfortable testifying against her husband as she positioned herself in the witness box so she would not be facing him. During her testimony she often appeared conflicted, saying at one time she still loved him while later saying she remained furious at the way he treated her.
With a possible retrial on rape charges on hold for now, Turner said she and fellow Assistant County Attorney Emily Conant Garod will focus on an upcoming May trial against Stonis, this time on stalking charges.
Carl Swenson, Stonis' defense lawyer, was unavailable on Tuesday for comment on the jury's verdicts.
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