FORT EDWARD — A Washington County jury found a Corinth man not guilty Thursday in a rape case.
James S. Scally III, 23, was found not guilty after a four-day trial before Washington County Judge Kelly McKeighan. The panel deliberated about two hours.
He was charged with first-degree rape, because he was accused of having sex with a young woman who was too intoxicated to legally consent. Police arrested him last December for allegations he raped the woman in Fort Ann several weeks earlier, after the two were at a bar together.
Scally testified that the sex was consensual. The jury found that there were inconsistencies in the woman’s testimony and prior statements about her memory of that night.
His lawyer, James Tyner, said the case was “incredibly difficult” to defend, but the jury’s verdict let his client go “home with his family, where he belongs.”
“Following a mere two hours of deliberation, the jury determined Mr. Scally was not guilty, confirming what James and I knew all along,” Tyner said in a prepared statement. “Despite what at times seemed impossible odds to overcome, and faced with the prospect of up to 25 years in state prison, James placed his fate in the hands of a jury, let the truth speak for itself, and was vindicated.”
“At the end of the day, there are no winners,” he added.
Washington County District Attorney Tony Jordan said his office knew the case would be a difficult one, as his office would have to prove not only that the sex was not consensual, but also that the woman could not consent because of intoxication. He said his office had no regrets about bringing the case.
“The victim had a chance to have her day in court,” he said.