ELLSWORTH – Eugene Merchant testified Friday in his own rape trial that the sex he had with his alleged victim was consensual.

Merchant, 37, of Prospect Harbor, told a jury of eight women and five men in Hancock County Superior Court that the woman with whom he had sex never protested any of his actions as they rode around with her then-boyfriend prior to their sexual encounter on Dec. 7, 2000.

“She didn’t object to nothing,” Merchant said. “She was laughing the whole time.”

Merchant faces charges of gross sexual assault, unlawful sexual contact and kidnapping for allegedly forcing the woman, who was 17 at the time, to have sex with him after tricking 20-year-old Derrick Sack, Merchant’s cousin and her boyfriend, out of his Chevrolet Blazer and driving off with her still in the vehicle.

Merchant told the jury that it was the woman’s idea that they somehow get away from Sack. He said that after they had been riding around on back roads in Gouldsboro, they went to Young’s Market on Route 1. When Sack was in the store, the woman made a suggestion to Merchant, he said.

“She said, ‘We’ve got to get rid of him,'” Merchant testified. “That’s all she said.”

It was the woman who closed the door to the vehicle as she and Merchant sped off down Punkinville Road in Sullivan when Sack got out to make sure the Blazer’s turn indicators were working properly, according to Merchant. Before they left Sack, the woman never objected to Merchant rubbing snow on her bare breast as they rode around shirtless. She willingly kissed Merchant more than once during the ride, he added.

Merchant’s testimony came on the fourth day of his trial. Because the trial has lasted longer than expected, and in order to avoid going into next week, Justice Jeffrey Hjelm decided Friday that it should continue at 9 a.m. today. Both the state and the defense have rested their respective cases. Closing arguments by the attorneys and jury deliberations are expected today.

Testimony began Friday more than six hours after it was expected to start because of issues involving the jury. After two jurors told the jury officer Friday morning that they had been glared at Thursday by a member of Merchant’s family both in the courtroom and outside the courthouse, Hjelm called each juror individually into his chambers to question them.

Hancock County District Attorney Michael Povich and defense attorney Julio DeSanctis of Orrington participated with Hjelm in the juror interviews.

After each juror was questioned, DeSanctis requested that two be dismissed and that the two alternates become full members of the jury. Hjelm dismissed the jury forewoman, but not because of DeSanctis’ request. The forewoman had an unavoidable scheduling conflict Saturday morning, Hjelm said.

DeSanctis, who raised the possibility that the glaring may have been unintentional, asked Hjelm if the person responsible for the glaring would be barred from the courtroom.

“I think that would be the prudent thing,” Hjelm said, adding that it might be best for the person to stay off the courthouse premises altogether for the duration of the trial.

Testimony resumed at approximately 3:30 p.m. Friday, shortly after the forewoman had been dismissed.

Deputy Alan Brown of the Hancock County Sheriff’s Department and Melissa Valzania also testified Friday. Valzania, an Army reservist and a self-described good friend of Sack’s sister, Prospect Harbor resident Victoria Sack, said the alleged victim told her she would talk to Povich about reducing the charges against Merchant “because she didn’t feel he [Merchant] should be away from his kids for so long.”

Brown was the arresting officer in the case and took Merchant from his home to the Hancock County Jail. He testified that Merchant admitted to having had sex with the woman when he was interviewed the night of Dec. 7 and later transported to the jail.

Merchant said he denied having sex with the woman because his girlfriend at the time, Misty Walker of Prospect Harbor, was at his home and he did not want her to know he had sex with someone else. He added he admitted to having sex with the alleged victim as Brown drove him to the jail in his cruiser.