Therapist recalls hearing of kitchen sex act and how it may have been sex assault

Randy Smith of Rochester talks with his defense counsel Thomas Reid during Thursday's proceedings in Strafford Superior Court. (Rochester Voice photos)

DOVER - A therapist treating the alleged victim of a 2017 rape told the court on Thursday that when she said she was pulled by the hair, dragged to her knees and forced to perform a sex act in her friend's kitchen, that it could constitute a crime.
"I told her I thought it could be a sex assault," therapist Daisy Cassidy said in court on Thursday as former Rochester Police Officer Randy Smith's aggravated felonious sex assault and attempted aggravated felonious sex assault trial entered its fourth day.

Prosecution and defense teams confer with Strafford Superior Court Judge Mark E. Howard during the fourth day of a former Rochester Police officer's rape trial on Thursday.

Smith, 37, of Misty Lane, Rochester, a former patrol sergeant on the force, is charged with two Class A felonies that could put him in prison for a maximum of 40 years if found guilty on both counts.
The exact date of the alleged 2017 rape is not referenced in court documents, which state it happened sometime during the year, but the attempted rape is alleged to have occurred on March 19, 2019, at the victim's home where Smith is accused of throwing her down on a couch, trying to unzip her pants and put his hands under her blouse.
At the outset of the encounter, Smith kissed her on the mouth and she kissed back, she said, but only for a moment before she pushed him away. Moments later she testified that he shoved her onto the couch and tried to have sex.
The alleged victim's husband also took the stand on Thursday, testifying that they had remained friends with the defendant throughout the years, even after he learned of their longtime affair, but after March 19, 2019, it was over.
He said after he learned of the incident at their home, he and his wife rarely talked about it, but that she had asked him to remove part of the couch where the attack allegedly occurred and he agreed to it.
He said he didn't confront Smith after the alleged attack, because he was very angry and didn't want to escalate the incident into possible violence.
"There's no more relationship with him," he said referring to Smith. "None."
Smith was hired by the Rochester Police Department on Nov. 5, 2007, and promoted to Patrol Sergeant in April 2016, however returned to Patrol in 2020 due to personal reasons, according to the department.
He remains on administrative leave without pay pending the outcome of the trial, which continues on Monday and is scheduled to wrap up on Dec. 21.