MEMPHIS, TN (abc24.com) - A former Memphis Police officer accused of rape took the stand in his own defense on December 8, 2011. Michael Kearney was arrested in August 2010 after a woman accused him of fondling her and forcing her to have sex with him.
Kearney: I told her it's just a citation; once you get your license reinstated they'll just dismiss it in court
Counsel: What was her response?
Kearney: That's when she told me she was on probation.
That's about all the testimony the victim and Kearney gave that was similar. The victim was driving with a suspended license, and according to Kearney, he tore up the ticket when he realized she was on probation.
"She said, 'I appreciate you not giving me the citation,' and it was almost as if she was flirting with me," Kearney testified. "She was like, 'You should call me sometime.'"
The victim told jurors Kearney fondled her in the back seat of his police car, and then ripped up the citation in exchange for sex. Kearney said it was consensual from the first phone call, which he said happened just an hour after the traffic stop.
"My shift was over. When I called her she was like, 'I just made it home.'"
The second call lasted three minutes; Kearney said it was so she could direct him to her house. He told jurors she opened the door in a robe and nothing else.
"She led me to her bedroom. When we got there we were face to face, she groped me."
It's a story the defense stands by.
Counsel: Did you at any point force or coerce [the victim] to have sex with you?
Kearney: No.
Counsel: Did you at any point indicate you would tear up her citation if she had sex with you?
Kearney: No.
