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February 1, 2014

Prosecution, defense rest in Donah trial

(Continued)

Victims are less likely to report attackers that they know, as opposed to a stranger, Tracy told the jury.

“Because the love that they have is a distorted love, they have an attachment,” she said. “It’s almost like, ‘I can’t live without you.’”

Barrett questioned her about the psychological tests that applicants must take before they can become troopers, and Tracy said the results of those examinations do not indicate whether there is a tendency toward abuse.

She also said she has testified in hundreds of criminal trials and that the conviction rate for those proceedings is about 90 percent.

“I don’t believe any of them were falsely convicted,” she said.

MOTION TO DISMISS

Before Barrett began calling witnesses, he asked Judge Patrick McGill to dismiss all the charges against Donah relating to this trial, saying the prosecution had not sufficiently proven its case.

In response, Franklin County Assistant District Attorney Gary Pasqua said, “The testimony from the victim, I believe, speaks for itself.”

McGill reserved decision on Barrett’s request.

DONAH’S FIANCEE

Dr. Emilia Krol, who identified herself as Donah’s fiancee, took the stand for the defense, saying that she and Donah had met the same week he and his ex had broken up, in the first week of July 2012.

Krol said that at Donah’s Plattsburgh apartment, she could hear often hear a dog barking in the apartment next door and that it sometimes woke her.

She also said a neighbor had complained when she and Donah had played music too loudly.

On Thursday, Barrett had asked State Police Bureau of Criminal Investigation Senior Investigator John Donohue if he had tested the acoustics of Donah’s apartment.

Donohue said he had not done any formal testing but that when checked to see if he could hear a dog barking “from apartment to apartment,” he could not.

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