CANTON — There are two sides to every story.
That was the final message a jury of nine women and three men heard just before 1 p.m. Tuesday in St. Lawrence County Courthouse at the close of opening statements in the rape trial of former SUNY Potsdam student Storm N. Rivera.
That message was delivered in a less-than- eight-minute opening to the jurors by Rivera’s attorney, Edward F. Narrow, who followed a more than hour-long opening statement by Chief Assistant District Attorney Jason M. Marx.
Mr. Marx, in an opening that was delivered with measured breaths and long pauses between statements, began by telling the jury that Rivera was a “wolf in sheep’s clothing” and had fostered a relationship of trust with the alleged victim, a classmate and friend, and when the opportunity presented itself, “weaponized those intentions.”
Rivera, 22, New York City, is charged with felony first-degree rape and misdemeanor second-degree unlawful imprisonment.
He is accused of having engaged in sexual intercourse with a woman, by force and without consent, on Nov. 17, 2017 in the village of Potsdam.
He is also accused of restricting the alleged victim’s movements without her consent during the act by holding her down, putting his hand around her neck and locking the door to the room he is alleged to have raped her in, leading to the unlawful imprisonment charge.
In the felony complaint following his arrest, Potsdam police charged that the crime took place at the SUNY Potsdam Delta Kappa Theta fraternity house at 53 Elm St., Potsdam, where Rivera was a member.
During his opening statements, Mr. Marx recounted the entirety of the events as they are alleged to have unfolded. He said Rivera and the alleged victim were with several of her sorority sisters and one of his fraternity brothers on the second floor of the frat house in the “smoke room” where they were smoking marijuana together.
Mr. Marx said when the women got up to use the bathroom, Rivera followed the alleged victim down the hall and pushed her into what he said was called the “panty room,” locked her inside and, despite her pleas for him to stop, he placed his hand around her throat and told her to shut up in an unrecognizable voice that Mr. Marx described as a “scary stranger.”
Rivera then bent her over a couch, Mr. Marx said, and then forcibly raped her.
When she took the stand in the afternoon, the alleged victim, a soft-spoken 22-year-old Bronx woman, wept as she answered questions about that night, first asked by Mr. Marx.
The light from the courtroom chandeliers reflected off of tears that soaked her cheeks, her words often unintelligible through her sobbing.
She told the court that she had three drinks made up of vodka and Hawaiian Punch during the party, which defense attorney Peter A. Dumas, Malone, said was inconsistent with her testimony to a grand jury, where she said she had three shots prior to the party and an additional beer while at the party.
She said she considered Rivera a friend over the several years they knew each other and that he was someone she trusted, so that she didn’t realize she was in any danger until he was holding her down and raping her.
She said she didn’t scream because she couldn’t. “It was like I was numb,” she said. “It was like I wasn’t there. I didn’t have my voice.”
But Mr. Dumas pointed to her statement to the grand jury in which she said there “wasn’t anything personal” in the interactions she had with Rivera over the more than two years they knew each other and that it was always a “hi and bye” exchange, despite her testimony Tuesday that he was a trusted friend.
Echoing Mr. Marx in his opening, the woman said Rivera stopped raping her only when her friend was in the hall, calling her name and trying to get into the locked room, at which time he is accused of having put her in a closet, again demanding that she shut up, and rejoined the party.
She said she left the room once he was clear and met in the hallway with her roommate, who took her into the bathroom.But Mr. Dumas, like Mr. Narrow in his opening remarks, said her behavior was out of the ordinary. He said that instead of her reporting the act to the police or going to a hospital for a rape kit, she was taken back to her sorority house, where she was put in a shower. She said she was up all night and, on the morning of Nov. 18, 2017, she went to breakfast with two friends, ignoring texts from her boyfriend of four years, until he went to her house, asking her about the night before.
She said he was angry with her and had told her he heard that she had slept with Rivera. She said he demanded a confrontation with him and the two of them, with two of her friends, went to Rivera’s house and asked him what happened. Rivera said it was all a misunderstanding and that the act was consensual, that he had used a condom and that it was then that her relationship with her boyfriend ended, because he believed Rivera, she said.
It was at that point, she told Mr. Dumas, that she went for a rape kit. She testified that she collected her underwear and skirt which she wore to the party the night before and took them to the hospital for DNA testing. She added that she declined the opportunity to make a statement to police because of the duration of time she spent in the hospital and that she had followed up on Nov. 19 with Potsdam Police Lt. Michael Ames. She then returned for Thanksgiving break to the Bronx, where she made another statement to police.
In his opening remarks, Mr. Narrow told the jurors that they would hear Rivera testify on his own behalf and they would hear his side of the story.
“This is not a complicated case,” Mr. Narrow said. “There are no eyewitnesses. You are going to have to decide who you believe and if you don’t believe either, the people failed to prove their case.”
The trial is scheduled to continue at 9 a.m. today with the continued testimony of the alleged victim. Forensic evidence and police testimony are also expected.