Jury dismissed in rape trial; judge declares mistrial

CANTON — A first-degree rape case in St. Lawrence County Court was declared a mistrial Monday after the defendant refused to agree to an alternate juror.

Stewart C. Legnard, 48, Massena, is accused of raping a 36-year-old woman Oct. 27, 2007, at the Open Net Lounge in Massena, according to court testimony.

When jurors were dismissed for lunch Monday afternoon, one juror, while eating at Jreck Subs, is accused of discussing the case with another juror after being overheard by Assistant Conflict Defender Krista Freego, who was also eating at the sub shop.

Ms. Freego testified that she heard a juror say, “I don’t think she’s credible, and I would have asked.” Ms. Freego, though not sure if the juror was talking about the case, notified the court.

After an inquiry with testimony from two jurors and Ms. Freego, the juror was deemed to be “grossly unqualified,” by Judge Jerome J. Richards and described the act as “substantial misconduct.”

The court believed the juror was referring to the victim’s testimony, though under oath, the juror said she never discussed the case.

Earlier in the day, the same juror was scolded for bringing notes about the trial into court from home.

The juror was dismissed and Legnard had to decide whether or not to agree to an alternate juror or declare a mistrial and go through the process again. After speaking with his attorney Peter Dumas, Malone, he chose the latter.

District Attorney Nicole M. Duvé said the people are ready for the next trial.

The victim testified in the case that the morning after the alleged rape she did not remember much and did not remember the alleged rape. She also testified she was drinking at Coach’s Corner with friends before leaving with Legnard, who she did not know, and going to Charlie’s Tavern. Afterward, they went to the Open Net Lounge. The victim was dropped off by Legnard near a gas station and hitched a ride to her friend’s house early the next morning.

This was Legnard’s second trial on the charge. On April 29, a mistrial was declared after a jury failed to deliver a verdict.