In December 2007, Bartow County Sheriff's Office investigators lodged a rape charge against Michael Adam Bennett Jr., 23, of 59 Red Top Circle in Emerson, in connection with the November 2007 incident. The alleged victim took the stand Monday, and told jurors that she, Bennett and another man had been drinking heavily, she passed out and awoke to Bennett having sex with her at a Pine Circle, Acworth, home.
Prosecuting attorney Suzanne Brookshire told jurors in opening that she expects a crime lab scientist to testify that Bennett's DNA was present in a rape kit conducted by hospital personnel the next day. Brookshire said she also expects the evidence will show the woman sustained bruising to her wrists.
Bennett's defense attorney, Frank Marquez, told jurors in opening that consent was given. He said he expects the evidence to show the woman was inebriated and does not remember agreeing to have sex with Bennett, and that the victim has ulterior motives, although Marquez did not say what those may be.
Marquez also pointed to interviews Bennett had with investigators, in the second of which he allegedly admitted raping the woman and said he had penned an apology letter. The defense attorney said investigators told Bennett what to say in the questioning.
Jurors Monday heard from the victim, who said Bennett had pinned her arms above her head by holding her wrists and refused to stop after several requests.
The third person present during the incident, Bennett's friend and the alleged victim's boyfriend at the time, testified that he had been drinking all day, was "smashed" and did not remember many of the events of that Saturday and Sunday.
The trial is expected to continue at 9 a.m. today and is being presided by Superior Court Judge Shepherd Howell.