Rochester man accused of threatening ex-girlfriend with knife acquitted

Attorney Jerry Ader told a jury this afternoon that the case against his client rested on whether they believed the woman who claimed the defendant attacked her at knife point in her State Street apartment on Aug. 30.

After less than an hour of deliberation, the jury found Robert Thigpen III, 35, of 287 Flower City Park, Rochester, not guilty on all charges.

Thigpen was arrested in Batavia on Aug. 30 and charged with burglary, 2nd, menacing, 2nd, criminal mischief, 4th, and harassment, 2nd. 

"There are only certain things can all agree on," Ader said as he began his closing argument. "We can agree Thigpen is black and Morgan is white, and that’s the only thing we can agree on in this case. There is nothing (else) about this case that is black and white."

Ader said if the jury didn't believe Christy Morgan's version of events, there was no physical evidence supporting the case against Thigpen. There were no fingerprints on the knife allegedly used by Thigpen, which was put back in a knife rack in the kitchen, and no evidence Morgan was harmed. He also said that there was no evidence a car parked two blocks from the alleged crime scene belonged to Thigpen.

Thigpen also allegedly made threatening and harassing phone calls to Morgan after his arrest. Ader said there was no evidence to support those claims either.

In his closing arguments, District Attorney Lawrence Friedman said police found Thigpen not far from the scene hot and sweaty -- perhaps he had been running, Friedman suggested -- after first being seen as he approached a car parked on Alva Place.

He suggested it isn't reasonable for there to be an answering-machine recording of mobile phone conservations and said, contrary to what Ader argued, that Morgan did not claim she received text messages.

Friedman also noted there was expert testimony explaining why that particular knife Thigpen was accused of using wouldn't have fingerprints on it.

What the defense was really trying to do, Friedman argued, was put the victim and the police on trial.

"People who lie have a reason to lie," Friedman said. "Why would she be making this up? This was her boyfriend a month earlier, so why would she make it up?"

Morgan testified that she went outside the evening of Aug. 30 to take her trash out and a man was hiding by the basement door of her apartment building. He then forced his way into her apartment, pushed her around, choked her, then grabbed a knife from the kitchen and threatened her with it for about a minute. He then put the knife back in its place in the kitchen and left.

Morgan testified that Thigpen was accusing her of being involved with another man.

She said didn't call 9-1-1 herself because a few days before she had dropped her phone in some Kool-Aid, so the buttons were stuck. She used the recent call list to call two friends and asked them to call 9-1-1.

The trial took only one day -- jury selection was Monday and opening arguments began shortly after 10 a.m., Tuesday.