Claiming witness intimidation, defendant seeks new rape trial
GRAND RAPIDS, Mich. (WOOD) — A Grand Rapids man accused of trying to intimidate the victim before a rape trial is asking a judge to overturn his guilty verdict, claiming his defense witnesses were intimidated by a detective.
A judge heard arguments Thursday about whether to grant a new trial for 46-year-old Lee Andrew Gray Jr.
Gray, who has a long criminal history, stood trial in October on charges of raping a woman in his Grand Rapids home and choking her until she was unconscious. Video played in court Thursday showed Gray’s girlfriend in the hallway during the trial, but she never made it into the courtroom.
“I was here to support Lee in any way I could help,” she testified.
By order of Judge Scott Noto, Target 8 was not allowed to identify some of the witnesses, including the girlfriend.
GRPD: Rapist sent threatening Bible verse, bullets to victim
The video shows the lead detective in the rape case, Stephen Wiersema of the Grand Rapids Police Department, talking to her. She testified that he suggested she leave. She described him as “very intimidating, almost aggressive.”
“This is where he told me if I chose to stay that my statement would be taken and I would be charged with a 10-year felony,” she testified.
“So what did you do next?” Gray’s attorney Evan Hebert asked.
“I left,” she testified.
She said the assistant prosecutor didn’t threaten her, but was within earshot.
The defense attorney who represented Lee in the rape trial, Matt Smith, said he planned to call the girlfriend and four others as witnesses.
“When it came time to call rebuttal witnesses, I went out in the hallway and nobody was there,” Smith said.
He said the defense witnesses could have countered some of the prosecution’s witnesses.
“I think it was enough to sway the jury to acquit,” Smith said.
Instead, a jury convicted Gray of first-degree rape and assault by strangulation.
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Prosecutors say court security was on alert during the trial after allegations the suspect had threatened the rape victim and after hearing Gray’s monitored jail calls. But they and the detectives denied threatening to make arrests or scaring witnesses away.
“The fact that I’m accused of this or that Matt Smith wrote his motion is absurd to me. It’s ludicrous. I would never do that,” Assistant Prosecutor Elizabeth Bartlett testified.
It’s not clear when the judge will rule on the request for a new rape case. In the meantime, Gray is awaiting a separate trial on charges he intimidated his rape victim by leaving a written threat and five bullets at her home.
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