The Latest: Jurors in prep school rape case go home for day
By The Associated Press, Associated Press
Aug 27, 2015 3:31 PM CDT
Former St. Paul's School student Owen Labrie scratches his chin while he testifies during his trial at Merrimack Superior Court in Concord, N.H., Wednesday, Aug. 26, 2015. Labrie is charged with raping a 15-year-old freshman as part of Senior Salute, in which seniors try to romance and have intercourse...   (Associated Press)

CONCORD, N.H. (AP) — The latest on the trial of a former student at an elite prep school accused of raping a freshman as part of a tradition called Senior Salute (all times local):

4:30 p.m.

Jurors deliberating the case of a former senior at an elite New Hampshire prep school charged with raping a 15-year-old freshman before he graduated have gone home for the day.

The jury of nine men and three women ended deliberations Thursday in the case of 19-year-old Owen Labrie, of Tunbridge, Vermont. Deliberations will resume Friday.

Prosecutors say he raped the girl two days before he graduated last year from St. Paul's School in Concord as part of a tradition known as Senior Salute in which seniors seek out underclassmen for sex before leaving campus.

St. Paul's alumni include senators, congressmen, ambassadors and a host of international diplomats and business leaders.

Labrie testified their encounter stopped short of sex. She testified she said no and clung to her undergarments, to no avail.

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12:45 p.m.

Jurors have begun deliberating whether a graduate of an elite New Hampshire prep school raped a freshman as part of a tradition of sexual conquest called Senior Salute.

The jury got the case Thursday afternoon after closing arguments and instructions from the judge.

Nineteen-year-old Owen Labrie, of Tunbridge, Vermont, faces six sexual assault charges, three of them felonies. Prosecutors say he raped a 15-year-old freshman in a dark, deserted building on May 30, 2014, two days before he graduated last year from St. Paul's School in Concord.

Labrie contends the two had consensual sexual contact but not intercourse. The girl testified that she "froze" as the events of that night went way beyond what she had envisioned.

Two alternates in the trial were chosen Thursday, leaving a jury of nine men and three women.

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This story has been corrected to show the jury is made up of nine men and three women, not nine people total.

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12:25 p.m.

A prosecutor has wrapped up his closing argument seeking rape convictions against a former student at an elite New Hampshire prep school, saying the defendant planned the assault and wasn't going to be denied a sexual conquest days before his graduation.

Prosecutor Joseph Cherniske told jurors Thursday that 19-year-old Owen Labrie's questions to the 15-year-old girl about whether she was on birth control corroborates her testimony that he raped her.

Cherniske says it defies common sense that Labrie put on a condom and then had a moment of "divine inspiration" that stopped him from escalating their sexual contact.

Cherniske says Labrie had a plan May 30, 2014, and that "not even a girl holding onto her underwear was going to stop him."

The judge is now instructing jurors on the law.

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11:40 a.m.

A prosecutor who says a recent graduate of an elite New Hampshire prep school raped a 15-year-old freshman has told jurors the defendant didn't honor the girl's wishes when she told him "no."

Prosecutor Joseph Cherniske said in closing arguments Thursday that the girl clung to her undergarments when then-18-year-old Owen Labrie tried to remove them May 30, 2014.

Cherniske tells jurors that the girl's expectations before the two met just days before Labrie graduated from St. Paul's don't matter.

Cherniske asked, "Does that mean she can't change her mind?"

The prosecutor also stressed that Labrie told police that participants in a school tradition of sexual conquest called Senior Salute took "great pride in taking the virginity of younger students."

Labrie says the two had consensual sexual contact but not intercourse.

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11:30 a.m.

A prosecutor in the case of a former New Hampshire prep school student charged with raping a freshman girl days before he graduated says the defendant took her to a deserted place on purpose so no one would hear her protests.

Prosecutor Joseph Cherniske said Thursday in closing arguments that Owen Labrie planned the rape and brought a blanket and condom to a dark, noisy mechanical room in a building at St. Paul's the night of May 30, 2014.

Cherniske noted that the 19-year-old Labrie testified he was lying when he told four of his closest friends that he'd pulled "every trick in the book" to have sex with the girl. The prosecutor says Labrie wasn't lying — he was bragging.

Jurors are expected to get the case Thursday afternoon.

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10:45 a.m.

A lawyer for a former New Hampshire prep school student charged with raping a freshman girl days before he graduated says the accuser knew her testimony would contradict her best friend's so she decided to say she had no recollection instead of setting up a credibility battle.

J.W. Carney gave his closing arguments Thursday in the trial of his client, 19-year-old Owen Labrie, of Tunbridge, Vermont.

Carney says the girl lied to both the detectives and the jury when she said she didn't recall telling her friend about the sex acts she was prepared to perform on Labrie.

Labrie testified that the two had consensual sexual contact that stopped short of intercourse. Carney emphasized that the girl's underwear and bra never came off during their encounter May 30, 2014.

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10:35 a.m.

A lawyer for a recent graduate of an elite New Hampshire prep school charged with raping a 15-year-old freshman girl says she lied on the stand when she said she didn't recall telling friends about the sex acts she was prepared to engage in the night of their encounter.

Nineteen-year-old Owen Labrie of Tunbridge, Vermont, is facing multiple sex assault charges. Prosecutors say he was participating in a ritual at St. Paul's known as Senior Salute in which seniors attempt to romance and have sex with underclassmen.

Defense attorney J.W. Carney blamed the culture of Senior Salute in his closing argument Thursday for the "tragedy that befell both these kids."

Carney pointed to the breezy emails between the pair afterward as evidence her words were not those of a rape victim.

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10:10 a.m.

Closing arguments have begun in the case of a recent graduate of an elite New Hampshire prep school charged with raping a freshman as part of a tradition of sexual conquest called Senior Salute.

Nineteen-year-old Owen Labrie, of Tunbridge, Vermont, testified Wednesday that he never had sex with the then-15-year-old girl but acknowledged he bragged to friends i that he had.

His accuser testified that she "froze" as the events of that night went way beyond what she had envisioned.

Prosecutors say he had sex with the girl as part of Senior Salute in which seniors at St. Paul's School in Concord try to romance and have sex with underclassmen before they graduate.

Lawyers began their closing arguments Thursday.

The defense called Labrie as its only witness.