Jack Kramer acted alone suggests prosecution in cross-examination
Closing arguments will begin on Tuesday
Accused rapist Jack Kramer ignored "a pretty good clue" there were people home the night he decided to commit a break-and-enter to steal booze money, he admitted under cross-examination on Thursday.
"You're not dealing with a guy who's sober ...you're dealing with an intoxicated guy," Kramer said to prosecutor Gord Haight.
The logic of the story Kramer told under questioning by his lawyeron Wednesday was challenged repeatedly by Haight during his cross examination of the accused Thursday morning.
The 53-year-old is accused ofrepeatedly raping a Calgary woman in her homeincluding in front of her bound husbandmore than two decades ago.
It wasn't until new DNA evidence came to light that Kramer was arrested and charged with forcible confinement and sexual assault with a weapon in 2014.
Kramer told his lawyer Allan Fay that he met two strangers - including one named Rob - while drinking at the Stampede on the night of July 11, 1995.
The trio continued to drink together at Kramer's home before deciding to commit a break-and-enter in an effort to get more money for alcohol to continue on with their evening.
The house and the area were chosen because he'd been there recently to do yardmaintenance.
Kramer said he stood guard outside the home while Rob went in.
The victimwoke up in the middle of the nightto find a masked man standing over her and her husband with a knife in theirhome on the 1300 block of69thStreet S.W.The culprit tied up the husband in another room, then demanded money from the woman beforeraping her several times.
Secluded location
Haight pointed out that it didn't make sense for Kramer to take two strangers into his home and then make a plan to commit a crime with them.
The senior prosecutor also asked why Kramer wouldn't choose to break into a car or business nearby instead of a house on the outskirts of town where there was a substantial risk of people being at home and the travel time would cut into the trio's motive for the break in getting more money for alcohol.
"Because It's out of the city, " said Kramer, "It's secluded,which makes it lower risk than being in the city, and that's why."
On Wednesday, Kramer insisted he would never commit a break-in if he believed someone was at home. He said he was "confident" nobody was in the house the night of the attack.
'A pretty good clue someone is likely home'
Haight showed Kramer a photo of the home taken by investigators after the incident.
"What do we see right in front of the door there?" asked Haight.
"A car," Kramer responded.
"If you did see a car right in front of the door, that's a pretty good clue that someone is likely home, right?" asked Haight.
"Given the paramount importance of making sure nobody else was home, and the obvious clue of the fact that there was a car there ... why go in?" asked Haight.
"Most people have two or three cars," said Kramer.
'You knew an attractive woman lived there'
Though Kramer's story is that he stood guard outside the home while Rob broke in, the prosecution's theory is that Kramer acted alone.
"I'm going to suggest to you that you targeted this house because you knew an attractive woman lived there and that you chose to do that in the middle of the night because that's when she would likely be home," said Haight.
"You brought the duct tape to confine what you thought was the only other occupant of the house; her husband or boyfriend."
"You led on that there were other people outside to control the occupants."
"I'm suggesting in short that rather than the scenario of a botched break-and-enter that this was carefully planned by you and you alone."
Kramer denied all of Haight's suggestions.
Closing arguments will be made on Tuesday.
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