Albans Messenger Brooks McArthur, right, speaks on the steps of St. Albans District Court Thursday morning as sexual assault charges were dropped against Vt. Sen. Judge Robert Mello presides during the first day in the trial of Vermont state Sen. “He was holding me down”, the 21-year-old woman said.
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McAllister’s lawyer, Brooks McArthur, said both of the charges lodged against McAllister relate to sex acts at the farm. Fellow state’s attorney Jim Hughes was not in attendance.
Wednesday, McAllister’s former employee, a petite young woman, testified the senator forced her into sex several times when she worked at his farm and later as an intern for McAllister at the Vermont Statehouse.
McAllister’s attorney was expected to cross-examine the woman Wednesday afternoon.
It was on cross-examination by defense lawyer David Williams that the case fell apart.
McArthur said based on the cross examination of the accuser Wednesday it seemed clear why the state dismissed the charges.
Questioned by the defense Wednesday, she acknowledged that key elements of her testimony and her account to police and in pre-trial statements differed.
Noting that McAllister is not being charged with 20 to 30 counts of sexual assault, Judge Robert Mello instructed Franklin County States Attorney Diane Wheeler to narrow the scope of the charges.
“No, I can’t. I don’t want anything to affect any future trials”, she said.
McAllister declined comment Thursday.
In another media-related issue, lawyers agreed that the testimony of two reporters would not be needed, because the state and defense were able to agree on introduction of evidence the reporters would have been called to provide.
The 69-year-old Republican lawmaker maintains his innocence, and last month declared his candidacy for re-election.
“When they listened to her testimony yesterday, reviewed that testimony overnight, they realized that they were going to have a very hard time meeting their burden”, McArthur said.
The Republican lawmaker, who is up for reelection this fall for his Senate seat, was suspended from his position during the trial.
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Other witnesses will include Seven Days reporter Mark Davis, who wrote a story in which McAllister allegedly said the sex between himself and K.P. was consensual and only began after McAllisters wife died in 2013.
