Fried Oppenheim, taking the stand in his own defense, maintained his innocence throughout, saying that he never committed any of the acts described by the witnesses or confessed them to anyone.
The Republican | Michael BeswickDavid Fried Oppenheim listens to a question as he testifies on Friday during his trial on child rape charges in Hampshire Superior Court in Northampton.
NORTHAMPTON – Five witnesses in the David Fried Oppenheim child rape trial testified that he either admitted his sexual escapades to them or had sex with them, including one who said she was 14 and 15 at the time.
Fried Oppenheim, taking the stand in his own defense, maintained his innocence, saying none of it is true.
Someone has been telling big lies in Hampshire Superior Court, and now it's up to a jury of 12 to decide who that is.
Fried Oppenheim, 38, faces five counts of child rape, each regarding a different kind of sex act, involving a girl who acted at the Pioneer Arts Center of Easthampton, which the defendant founded. The alleged victim, now 20, said Fried Oppenheim developed a sexual relationship with her while teaching her an acting method he invented called "primitives," in which he urged her to keep a journal describing her physical reactions to emotional situations.
Other prosecution witnesses in the case include a woman who said she had sex with Fried Oppenheim more than 100 times while she was 17 and acting at PACE and another who testified that Fried Oppenheim told her she was "hot" and offered to waive her fees for the center in exchange for sex.
Two other witnesses told a jury that Fried Oppenheim admitted to them his liaison with the underage girl, including one who produced copies of an instant message exchange in which a person purported to be the defendant described having sex with the 14-year-old girl in lurid detail.
Fried Oppenheim, who testified on his own behalf, denied all of it, saying he never had sex with either the alleged victim or the other woman and that he never confessed such a relationship to anyone. Members of his family, who also testified for the defense, painted a picture of a bustling art center where it would have been impossible to have sex without being seen. They also depicted the prosecution witnesses as needy, attention-seeking and untrustworthy.
In his closing argument Friday, defense lawyer David P. Hoose picked up on that theme, suggesting that the witnesses – four young women and one who has transitioned from female to male – made up their stories for various reasons.
"They're all little actresses," he said. "They're into the drama."
Hoose contended that none of the testimony about instant messages or telephone calls with the defendant have been forensically corroborated and called the charges against his client "Kafkaesque."
"Proof beyond a reasonable doubt is the last refuge of an innocent man," he said, "and no case can illustrate that better than this case."
Hoose described to the jury an alleged victim who did not come forward with her complaint against Fried Oppenheim until several years after the fact, when she was under stress at college in New York. Citing the woman's testimony that she threw out the potentially incriminating journal she kept for her "primitives" experience, he called the act "preposterous." Hoose suggested that the allegations didn't arise until the alleged victim was having a crisis with her boyfriend.
"No one who is sexually molested at 14 can fail to show some symptom of it to the people around them," he said.
Hoose attempted to cast similar doubt on the testimony of the other witnesses, calling the transgender witness "a professional at fooling people."
"At the end of the day," he said, "all we have here are just actresses."
Assistant Northwestern District Attorney Linda Pisano called Hoose's theory about the alleged victim's timing "ludicrous." Taking issue with Hoose's interpretation of the woman's demeanor on the stand, she invited the jury to decide for themselves whether or not she was credible. During her first day of testimony, the judge called a recess when the woman broke down on the stand describing her alleged anal rape.
"All the evidence you need is if you believe her," she said.
However, Pisano said, her testimony was backed up by no fewer than four other witnesses who had been at PACE. She also cited testimony by the alleged victim's parents that they drove her to the center on almost a daily basis, far more frequently than Fried Oppenheim said she was there.
Pisano's closing picked up on her cross-examination of the defendant, which had just taken place on Friday. During that often tense questioning, Fried Oppenheim maintained that nearly all the damning testimony against him was false. He only qualified his stance when asked about the testimony of the woman who said he suggested she give him sex in exchange for fees. In that case, Fried Oppenheim acknowledged he might have made some inappropriate remarks but said he couldn't remember exactly what he said because he was ill at the time.