Sarah B. Conway, 28, now of Canaan, New Hampshire, took the stand Wednesday morning to testify in her own defense. She denied willingly sexually assaulting both children and said she felt threatened by co-defendant Stephen R. Smith, 38, her former boyfriend, during the time the alleged offenses occurred, between Dec. Smith pleaded guilty to a number of charges of sexual assault on the two children and is serving the year unsuspended portion of his year sentence.
He was the first witness called by the state when the trial began Tuesday afternoon at the Capital Judicial Center. The jury sent a note to the judge after deliberating nearly four hours Wednesday afternoon, saying they were finding it difficult to reach a unanimous verdict. The judge reiterated some instructions and offered to allow them to go eat or to go home until Thursday morning.
Shortly after returning to the jury room, they sent a note saying they wanted to return Thursday. I felt I had no choice and I was forced. Both Tash and the prosecutor, Deputy District Attorney Paul Cavanaugh, agreed to the admit into evidence text messages between Conway and two separate friends. I was afraid. Then he told me that he was attracted to young kids. He told me everything and then told me I could never tell or he would find a way to take me down and make sure I never see my kids again.
Shortly after both sides finished presenting evidence Wednesday morning, Justice Robert Mullen acquitted Conway of two charges of visual sexual aggression. Tash had sought the acquittal on the basis that the state did not provide evidence to support the charge. That left the jury of seven women and five men to decide on the charge of gross sexual assault on the young boy, who was 3 at the time; and two unlawful sexual contact charges, one of those involving the boy and a girl.
He said she stopped him from doing things several times and could have done so other times. She was making decisions. She had the phone. She had the job. Conway worked a full-time, home health care job during the day and a part-time job at a fast food restaurant several nights a week and Saturday mornings to support her family. Did she put herself in a bad position?
