State Has Rested Their Case in Clay Conaway Rape Trial - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

State Rests its Case in Clay Conaway Rape Trial

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GEORGETOWN, Del.- The seventh day in the State vs. Clay Conaway trial began Tuesday with the state closing it case. After the state rested, the defense made a motion to lessen the first-degree rape charge against the former University of Delaware baseball player. Conaway is accused of sexually assaulting six women between 2016 and 2018.

The defense stated they believe the facts from the state did not support the charge of first-degree rape in this case. Conaway's attorney, Joe Hurley stood up after the jury was sent to the deliberation room and addressed Judge Richard Stokes on the motion.

"You make the motion to the rape first-degree which is 15 to life, and reduce it to only 10 to life. This is based upon the state's failure to show proper causation of injury, or if there was any injury through an expert witness. There is also not a showing of substantial pain in this case and the judge reserved a decision on that," said Hurley.

Stokes says he would take this motion under advisement. 

Earlier in the day the defense attorneys finished cross examination with Detective David Kristunas. Kristunas testified that the police waited for the right time to Clay Conaway. The defense made it known that Conaway's father is a retired Delaware state police investigator. Kristunas explained the police waited until Conaway was away from his parents during the arrest.

Conaway was taken in custody on Aug. 22, 2018, and he was eventually charged with first-degree rape. The night of his arrest Conaway was able to be interviewed by Detective Kristunas because he waived his Miranda rights to remain silent. 

Conaway's attorneys called their first witness to the stand, Conaway's mother, Beth Conaway. Beth Conaway is the current principal for Milton Elementary. During her testimony, she told the jury that she and her son were in constant contact. Beth Conaway says they were frequently texting and has one phone call during the time the accuser says she was with Clay Conaway inside his home. 

The state asked Beth Conaway if she was aware that the accuser was in her home, while she was out car shopping with her husband. Beth Conaway testified she did not know who the accuser was prior, but she knew her son had a friend over. After Beth Conaway's testimony, court was adjourned for the day.

Stokes says Beth Conaway would finish her testimony Wednesday. Hurley says Clay Conaway is also expected to take the stand in his defense at the Sussex County Courthouse.

 

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