Request for mistrial denied in Bjork case

CANTON — A defense motion for a mistrial in the rape trial of Raymond R. Bjork Jr. was denied Friday after a St. Lawrence County Court judge precluded part of an Ogdensburg detective's testimony that inadvertently was offered a day earlier.

Detective August J. Bonno, now a sergeant, testified Thursday that while he interviewed Bjork at the police station, Bjork asked for the questioning to stop.

Bjork, 38, Ogdensburg, is accused of forcing his way into a woman's home on Valentine's Day 2009 and raping her after she passed out following a night of heavy drinking. Bjork was questioned by Mr. Bonno the morning of the alleged rape.

Defense attorney Brian D. Pilatzke argued that part of Mr. Bonno's testimony tainted the jury's perspective of how believable Bjork is.

"It's the credibility of (the woman) against Mr. Bjork's," Mr. Pilatzke said. "That's what it boils down to."

District Attorney Nicole M. Duvé contended that the motion should be denied because the judge on Thursday immediately instructed jurors to disregard that portion of Mr. Bonno's testimony and that it shouldn't be considered as evidence in the case.

Judge Jerome J. Richards instructed jurors at the time of Mr. Bonno's testimony that Bjork had a constitutional right to stop answering questions at any time.

"It was inadvertent," Ms. Duvé said.

Judge Richards denied the defense motion, saying the filing of it wasn't timely and the error wasn't "too egregious."

A jury of seven men and five women also heard evidence Friday from when Bjork testified before two St. Lawrence County grand jury panels.

Chief Assistant District Attorney Amanda N. Palmer read aloud for about two hours Bjork's testimony from the grand jury presentations of the case. Bjork's testimony varied somewhat between the sessions, including his level of interest in the woman.

Bjork had to testify before a second grand jury because the first indictment against him was dismissed, St. Lawrence County clerk's office records show.

Bjork is charged with two counts of first-degree criminal sexual act and single counts of first-degree rape, first-degree sexual abuse, second-degree burglary, second-degree burglary as a sexually motivated felony and third-degree aggravated unlicensed operation of a vehicle.

Prosecutors were expected to conclude their case when the trial resumes Tuesday morning.