Defense Rests in Jason Lee Trial

The defense in the rape trial of Jason Lee rested its case Wednesday afternoon after calling only three witnesses. Closing arguments are scheduled for Tuesday morning at 10:30.

Mr. Lee’s attorney Andrew M. Lankler, who has expressed confidence throughout the trial that the prosecution would be unable to prove guilt beyond a reasonable doubt, called Dr. Lone Thanning, a former Rockland County medical examiner; Frank Senerchia, a private investigator, and Jacques F. Guillois, the retired detective who led the investigation into the charges for the East Hampton Town Police. Mr. Lee did not testify.

Mr. Guillois was subpoenaed to appear for the defense on Wednesday.

Mr. Lankler had Mr. Guillois read from his notes from Aug. 20, 2013, on the telephone records of the alleged victim's friend, Fiona, who testified last week. According to Mr. Guillois's notes, Fiona had made a series of phone calls between 6:12 and 6:24 a.m. on Aug. 20, mostly to Moko Taxi in Montauk, and had also called the company at 4:21 that morning.

After the defense rested, a hearing was held over what Mr. Lankler claimed was a “missing witness,” the brother of the alleged victim. Mr. Lankler maintained that the brother should be produced, or that the lack of testimony from him should be held against the prosecutor. He said that the defense was willing to wait as long as needed for the witness to be produced. Prosecutors had said last week that the brother could not fly from Ireland to testify because he was taking finals in school and had signed a contract to go work for a firm in London.

Mr. Lankler challenged that explanation Wednesday and offered to show Justice Kahn the brother’s Facebook page, which he said shows him partaking in a marijuana celebratory event this week. “It is hot off the presses,” Mr. Lankler said. Justice Kahn declined Mr. Lankler’s offer.

Kerriann Kelly, one of the prosecutors on the case, told Justice Kahn that the district attorney’s office had done everything that it could to get the brother to come and testify. “He said he absolutely can not do it,” she said.

In any event, Ms. Kelly said, because the brother is a foreign national, she had no legal recourse.

“The people cannot compel his appearance,” Justice Kahn said. “Therefore I have no choice but to reject the motion.”

The two sides agreed to allow the brother’s statement to the police, as well as his grand jury testimony, into the record.