The two have been separated since the allegations came to light. The man told investigators that as he made his phone call, Butler reached under the blanket and touched him. Mitchell said he cannot say at this point whether Butler will take the stand. Butler, now 57, was on duty in the booking room. Prosecutors say, however, that the man, who had spent the night in a holding cell, naked but for a blanket, felt he had no choice but to agree when Butler propositioned him. Kazanjian said she would address that request at the end of the trial, in jury instructions.
Butler, now 57, was on duty in the booking room. The charges arise from an incident on the morning of Oct. At least two potential jurors recalled seeing social media posts about the case; another vividly recalled seeing it on television shortly after it was reported. The young man, who was visiting Salem for Halloween, had been put into protective custody after drinking heavily and flooding his room at the Clipper Ship Inn on Bridge Street. Kazanjian said she would address that request at the end of the trial, in jury instructions. Mitchell said he cannot say at this point whether Butler will take the stand. He resigned shortly after the case came to light. MacDougall also argued to the judge that unless Butler testifies in his own defense, she cannot see how his lawyer can be allowed to argue to jurors that the incident was consensual. All of the chosen jurors have been told not to read or watch news accounts of the case, not to post or read about the case on social media and not to discuss the case with anyone, including family members. She has not been present for pretrial proceedings in the case and was not in court on Tuesday. Butler was a year veteran of the department when he was charged. Weeklong trial The trial is expected to take about five days, and will include a visit to the Salem police station on Margin Street. A guilty finding on the rape count carries up to 20 years in prison, and on the indecent assault and battery, up to 10 years. More than 60 jurors filled out written questionnaires covering a range of issues, including their attitudes toward police and toward sexual assault cases, whether they would be uncomfortable with details of sexual contact involving two men, and whether they had read or viewed anything about the case in the media. That will be up to jurors to decide. The two have been separated since the allegations came to light. Jury selection got underway Tuesday. Lawyers are allowed to argue only facts that are admitted as evidence in a case, either through testimony or exhibits, in a closing argument. The man said Butler then led him to a closet and asked if he could perform a sex act. The man told investigators that as he made his phone call, Butler reached under the blanket and touched him. But Butler maintains that those sexual acts, in the booking area of the Salem police station, were consensual, said defense lawyer Kevin Mitchell. Prosecutors say, however, that the man, who had spent the night in a holding cell, naked but for a blanket, felt he had no choice but to agree when Butler propositioned him. The man had taken off his soaked clothing because he found it hard to sleep, according to his statement to police. Courts reporter Julie Manganis can be reached at , by email at jmanganis salemnews. Not against the law? By the time Butler arrived for his shift, the man had woken up and asked for a blanket and a chance to make a phone call to get a ride home.
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