Man convicted of rape demands new trial

Brian Adkison, the man convicted of rape earlier this month after several mistrials this year, claimed he received an unfair trial in Boone County.

Speaking with ABC 17 News from the Caldwell County Jail, Adkison explained why he felt the court had “no choice” but to give him a new trial for forcible rape. Last week, a jury found him guilty of the crime after ten hours of deliberation, between two days. The jury also found him not guilty of a deviate sexual assault charge.

Adkison said he wanted to testify at the Boone County trial last week, but was never asked by Judge Christine Carpenter. Last month, Judge Thomas Chapman asked if Adkison wanted to testify during his Livingston County trial for kidnapping, which, after discussion between him and Nigro, Adkison decided not to take the stand.

“In Chillicothe [the site of the Livingston County trial], you know, the judge asked me is it my wish not to testify. In Boone County, I was never asked if I wish to testify, and I did wish to tesitfy in that case.”

Both cases in Boone and Livingston Counties involve the same victim, from different incidents in the summer of 2013. Adkison has gone to court twice in Livingston County, which both ended in mistrials. A Boone County jury could not agree on a verdict in January, leading to the second trial held last week.

Adkison did not testify at any earlier trial, but wanted to take the stand last week because he felt prosecutor Brouck Jacobs tried manipulating parts of his police interviews and calls with the victim. He also said Nigro never questioned the parts he felt were left out.

“There was the fact that they didn’t play all the calls, and I wanted to get it out there to the jury that they only played part of the audio of the interview,” Adkison said.

Jacobs would not comment on any of Adkison’s allegations, but said there was nothing new in a defendant feeling they received an unfair trial when they lost.

Adkison also said he was not allowed in the courtroom for the entire proceedings, including jury instructions. ABC 17 News reporters saw him in the courtroom from opening to closing arguments.

“If I were a juror on a case, I know that it would make a major role in my decision on what I thought of the person based on whether or not they showed up in court,” Adkison said.

Adkison and Nigro can raise these points and ask for a new trial at his sentencing hearing on September 14, or by appealing a higher court. An email to Nigro’s office was not returned Thursday evening.

The Livingston County court will meet to schedule Adkison’s new trial there on August 10.