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State's star witness, defense counsel clash during cross-examination

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Former Rochester Police patrol sergeant Randy Smith, right, and defense counsel Timothy J. Black prepare to leave the courtroom during a brief recess at Strafford Superior Court on Wednesday. (Rochester Voice photo)

DOVER - The third day of a former Rochester Police officer's rape trial continued on Wednesday with contentious, often caustic cross examination of his accuser by defense counsel.

Randy Smith, of Misty Lane, Rochester, a former patrol sergeant on the force, is charged with raping a Rochester woman in 2017 and attempted aggravated felonious sexual assault in March 2019, each of which is a Class A felony that carries a maximum prison term of 20 years.

Defense attorney Thomas Reid, in his nearly fifth hour of cross examination of the alleged victim , often clashed, even harangued with the woman while discussing the alleged attempted sex assault incident that occurred in March 2019 when Smith is accused of trying to take her clothes off during an incident at her Rochester residence,

"You said this incident caused you to decide you wanted nothing more to do with Randy, right?" Reid said.

"Yes," she replied.

"Cause he was so aggressive, right?"

"Yes."

"But wasn't what happened in 2017 much worse?"
The 2017 incident occurred when he he violently grabbed her hair, dragged her to her knees in the kitchen of her friend's house and performed a sex act on her.

As Reid expressed his incredulity Prosecutor Patricia Conway implored Judge Mark E. Howard.

"You honor, he's not even asking a question."

The alleged victim then explained that it wasn't necessarily that the March 2019 incident was the sole reason for her decision to end the longtime romantic relationship with Smith, but it was the totality of what had gone on for so many years during their affair.

Smith was hired by the Rochester Police Department on Nov. 5, 2007, and promoted to Patrol Sergeant in April 2016, however returned to Patrol in 2020 due to personal reasons.

Rochester Police Capt. Todd Pinkham said they received a complaint against Smith in January of 2020, when he was placed on administrative leave with pay pending the conclusion of the investigation.

After his August 2020 indictment his certification was suspended by Police Standards and Training, and he was placed on administrative leave without pay in November 2020 pending the outcome of his criminal trial, which continues today and is scheduled to run till Dec. 21, according to prosecuting attorney John Goodlander.

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