A man who was on trial for rape is accused of attempting to run over the prosecutor in his case Monday night, and Erie County Judge Kenneth Case revoked his $25,000 bail this morning.
William Payne, 48, of Buffalo, a retired military veteran, has been charged with rape and incest, both in the third degree, for allegedly raping a teenage girl in his apartment late last September.
Shortly after noon today, Case declared a mistrial in the rape and incest case because some of the prospective jurors overheard discussions about the Monday night incident outside the courtroom. A new trial is set for Aug. 11.
The prosecutor is an assistant district attorney. The trial began Monday afternoon.
Roseanne Johnson, chief of the Erie County District Attorney’s Special Victims Bureau, told the judge this morning that the prosecutor left the old County Hall building shortly before 7 p.m. Monday and crossed Delaware Avenue toward the Erie County Holding Center. She then walked north toward Buffalo City Court and noticed a black sedan stopped on West Eagle on the other side of the street. The car had the green light but it was not moving, Johnson said.
The prosecutor was crossing West Eagle when the car came within two feet of her, splashing her up to her thighs in rain water, Johnson said. The prosecutor identified Payne as the driver.
Johnson called the incident “an obvious attempt at menacing and intimidation” of an assistant district attorney.
“Nothing short of bail revocation will do,” she said.
In court, Payne shook his head as the incident was discussed.
Defense attorney Joseph Agro asked for a mistrial to be declared.
Initially, Case rejected the mistrial request, saying that none of the facts in the criminal case against Payne had changed other than revocation of bail.
email: lmichel@buffnews.com
William Payne, 48, of Buffalo, a retired military veteran, has been charged with rape and incest, both in the third degree, for allegedly raping a teenage girl in his apartment late last September.
Shortly after noon today, Case declared a mistrial in the rape and incest case because some of the prospective jurors overheard discussions about the Monday night incident outside the courtroom. A new trial is set for Aug. 11.
The prosecutor is an assistant district attorney. The trial began Monday afternoon.
Roseanne Johnson, chief of the Erie County District Attorney’s Special Victims Bureau, told the judge this morning that the prosecutor left the old County Hall building shortly before 7 p.m. Monday and crossed Delaware Avenue toward the Erie County Holding Center. She then walked north toward Buffalo City Court and noticed a black sedan stopped on West Eagle on the other side of the street. The car had the green light but it was not moving, Johnson said.
The prosecutor was crossing West Eagle when the car came within two feet of her, splashing her up to her thighs in rain water, Johnson said. The prosecutor identified Payne as the driver.
Johnson called the incident “an obvious attempt at menacing and intimidation” of an assistant district attorney.
“Nothing short of bail revocation will do,” she said.
In court, Payne shook his head as the incident was discussed.
Defense attorney Joseph Agro asked for a mistrial to be declared.
Initially, Case rejected the mistrial request, saying that none of the facts in the criminal case against Payne had changed other than revocation of bail.
email: lmichel@buffnews.com