An East Central District Court jury on Wednesday acquitted a Fargo man on a rape charge that could have sent him to prison for life without parole.
It took the jury a little less than two hours to reach a not guilty verdict against Sean Whitney Reed, 24, 4250 47th St. S.
Reed was accused of having sexual intercourse with a 20-year-old woman while she was asleep in a bedroom during a New Year's Eve party Jan. 1 at a north Fargo apartment. The woman told police she told Reed to stop but he continued.
Reed was charged with AA felony gross sexual imposition, which carries a maximum sentence of life without parole, and A felony gross sexual imposition, with a maximum of 20 years in prison and a $10,000 fine.
The AA charge required the prosecution to prove that force was used in the assault, while the A felony required proof that the victim was unaware that the act was taking place - in this case, that she was asleep. If they had convicted Reed, jurors would have had to decide which level of felony they would find him guilty of.
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The trial opened Tuesday morning. The jury got the case about noon Wednesday and came back just before 2 p.m.
In closing arguments, Cass County Assistant State's Attorney Mark Boening said it was impossible to reconcile the testimony of the victim, who said she awoke to find Reed having sex with her, with Reed's testimony that he did not intentionally rape her while she was passed out.
But in an impassioned closing, defense attorney Richard Varriano said that because she drank at least 12 beers, the victim simply could not remember accurately what happened and that there was no actual evidence of rape.
He told jurors the sex was consensual, but when she sobered up the woman wanted to save face and accused Reed of raping her.
"Maybe she thought she went to bed with Brad Pitt and woke up with Mr. Reed," Varriano said.
"I'm glad this is done," a tearful Reed said after the verdict.
Boening declined comment.
