A Dublin firefighter who was present in a hotel room while his colleague allegedly raped a 29-year-old attorney is “refusing to participate” in a Boston trial, a court has heard.
Terence Crosbie (39), who is accused of the alleged assault and is on trial, was arrested over St Patrick’s Day weekend last year. He denies the allegation.
The complainant claims she met Mr Crosbie’s colleague, firefighter Liam O’Brien, at The Black Rose bar in Boston, Massachusetts, and went with Mr O’Brien to the Omni Parker Hotel where they had consensual sex.
Mr O’Brien then fell asleep, began to snore, and she fell asleep in the other bed.
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The complainant testified how she woke up to an Irish man she did not know actively raping her and disparaging Mr O’Brien while Mr O’Brien continued to snore.
In cross-examination of Boston police officer Joseph McDonough, defence attorney Daniel C Reilly asked if Mr McDonough was aware that Mr O’Brien was “refusing to participate in this trial”.
Mr McDonough confirmed he was aware of this.
“You agree there’s nothing in the reports indicating any further investigation of Mr O’Brien?” Mr Reilly asked.
The detective said there was only “one interview” of Mr O’Brien and that he had spoken to Mr O’Brien two additional times on the phone.
The defence previously emphasised Mr O’Brien’s absence in court and stressed that the complainant initially reported the assailant was her height – the court heard how she and Mr O’Brien were about the same height while Mr Crosbie was significantly taller.
Later in the proceedings, Judge Joshua Wall told jurors the court had ways to make people testify, but the court did not have jurisdiction in Ireland.
“It doesn’t work if they are in another country,” he said.
Mr McDonough also testified how the complainant initially reported that she and Mr O’Brien had protected sex – she testified in court she did not use a condom – and that she could not remember Mr O’Brien’s name or what he was wearing, despite CCTV video of her wearing his jumper as they walked to the hotel.
Nor did she recall Mr Crosbie being in the hotel room when she and Mr O’Brien first arrived around 11.55pm, despite hotel records indicating Mr Crosbie was in the room for about a minute-and-a-half, before leaving to wait in the hallway, and returning about two hours later.
Mr McDonough told the court he interviewed Mr Crosbie on Saturday, March 16th, a day after the alleged assault.
In this interview, Mr Crosbie told officers that when he returned to the room, he undressed, got in the bed, then heard “the girl” get up and start looking for her things and “rummaging around in the room”.
Mr Crosbie told Mr McDonough “he did not have any interactions” with the complainant, the trial at Suffolk Superior Court heard.
Mr Crosbie also told Mr McDonough how he and the group of more than 10 Dublin firefighters he travelled with had plans to march in the St Patrick’s Day parade the following day, Sunday.
After the interview, Mr McDonough learned Mr Crosbie had booked an early flight back to Dublin for 10.10pm that night.
When Mr McDonough returned to the Omni Parker Hotel, Mr Crosbie was gone and Mr Crosbie’s absence was confirmed by Mr O’Brien, who contacted Mr Crosbie by phone while police were present.
Mr McDonough testified he found Mr Crosbie had boarded an earlier flight, set to depart at 7.10pm, and that Mr Crosbie was pulled off the plane and arrested.
Police also seized Mr Crosbie’s luggage, which included multiple jumpers and T-shirts, especially embroidered with shamrocks and American flags for the fire brigade’s trip to Boston, as well as a pair of Mr Crosbie’s underwear, which was submitted for forensic testing.
The court also heard testimony from the complainant’s coworker, an attorney who worked at the same legal organisation.
The coworker told the court he received a text message from the complainant at 2.18am on Friday, March 15th, immediately after the alleged assault. “I woke up and a guy was inside of me telling me how much he knew I wanted it and how pathetic it was his friend couldn’t give that,” it read.
The coworker testified how in the hours leading up to the alleged assault, he and the complainant had organised a work party that began at 2pm at Big Night Life.
He left to make a video call and then met up with the complainant again later that day for more drinks with their supervisors at State Street Provision before going to The Black Rose where they continued drinking.
Assistant district attorney Erin Murphy asked if there was anything “concerning or unusual” about the complainant’s alcohol consumption.
“Not at all,” he said.
The trial continues.
