TRURO - It was all there except the rock and roll.
That sex and drugs were present during an alleged sexual assault has already been established in a Nova Scotia Supreme Court trial underway in Truro. But what was conspicuously absent, according to Tuesday’s testimony, was the sound of music or other background sounds when a defence witness repeatedly called the apartment of Robert Henry Desmond looking for drugs on the evening of Sept. 18, last year.
Desmond, 49, who is in custody and Michael Shane Paris, 48, are each facing six charges, including sexual assault, sexual assault with an electric razor, bodily harm during a sexual assault, confinement, uttering threats and assault. Desmond has pleaded guilty to the assault charge (by choking) while Paris has pled not guilty to all charges.
“When you called Mr. Desmond, what were you able to hear in the background?” Crown Attorney Laura Quigley asked defence witness Melanie Kaiser-Ramsey.
“Nothing. It was quiet,” she replied.
“And you thought that it was unusual that there was not a sound, not a peep, not even music coming from the background when you were talking to him, correct?” Quigley asked, during the final day of testimony.
“Yes,” Kaiser-Ramsey replied.
Court heard that Desmond was expecting a visitor sometime on the evening of Sept. 18 with a shipment of crack cocaine and Kaiser-Ramsey admitted to calling his apartment 16 times between 8:16 p.m. and 1:10 a.m. while on the hunt for drugs.
Although a self-described “buddy” of Desmond’s who often visited his residence, Kaiser-Ramsey was discouraged from coming over on the night in question, however, a factor the Crown suggested was because of the situation taking place in the apartment.
The complainant, whose identity is protected by a publication ban, has stated that after spending the day drinking and then smoking crack cocaine with Desmond, she participated in consensual sex with him and later with both men after Paris arrived at the apartment.
But the woman said things turned ugly following the session of consensual sex when she was prohibited from leaving Desmond’s apartment and she was subsequently choked, physically assaulted, threatened and sexually assaulted.
During the trial, defence lawyer Dave Mahoney questioned the complainant’s credibility and suggested the reason Desmond got angry and choked her was because he was tired of her smoking his cigarettes and crack and constantly going through his kitchen drawers looking for prescription drugs.
On Monday, during the playing of a video during which Paris was being interviewed by Truro police Sgt. Rob Hearn, he was asked his opinion on what led up to Desmond’s physical assault on the complainant.
“Two crackheads going at it,” Paris replied.
Evidence in the trial wrapped up on Tuesday with the evidence provided by Kaiser-Ramsey, the sole defence witness.
Final submissions are to be made this morning with jury deliberation to begin Thursday.
