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Jamestown man acquitted of charges in 2019 rape case

MAYVILLE — A man who had been accused of raping a woman last year in Jamestown was acquitted of all charges by a jury following an hour of deliberation Tuesday.

Jamestown resident Lawrence Gary Jr. was released from Chautauqua County Jail where he had spent the previous nine months leading up to trial. He was indicted on charges of first-degree rape and first-degree sexual abuse for an incident that took place in July 2019.

Opening statements began Friday, and a total of three witnesses — including the woman who said she was raped — took the stand.

Gary was represented at trial by Robert Lee and Kristy Woodfield of the Chautauqua County Public Defender’s Office. An assistant district attorney prosecuted the case.

The defense did not call any witnesses to the stand, and the case went to the jury Tuesday around noon. At about 1:15 p.m., the verdicts of not guilty were read aloud.

No details of the case, including notice of arrest, were made public prior to trial. However, according to the indictment, Gary was accused of having sexual intercourse July 9, 2019, in Jamestown with a woman “who was incapable of consent by reason of being physically helpless.”

New York state defines “physically helpless” as a person who is “unconscious or for any other reason is physically unable to communicate unwillingness to an act.”

Gary had been facing up to 25 years in state prison on the rape charge, a class B felony in New York.

“Throughout the case we felt the evidence was lacking,” said Ned Barone, Chautauqua County public defender. “There was no forensic evidence that incriminated Mr. Gary. He maintained from the very beginning that this was consensual sex. … The jury, they committed to doing the right thing.”

Barone said a conviction on either charge would have “changed his life forever. They are serious charges, but a jury agreed (on an acquittal). He walked out of jail a free man after months of sitting in jail. He was a very thankful man.”

Patrick Swanson, Chautauqua County district attorney, did not immediately return a call for comment Tuesday.

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