Rapist denied new trial in Wheeling case

Attorneys for Matthew Schaffer, convicted of breaking into a Wheeling condominium last year and raping a woman, argued unsuccessfully Tuesday that their client deserves a new trial.

Cook County Judge Hyman Riebman, who presided over the trial, denied the defense motion and set Schaffer’s sentencing for Oct. 21 in Rolling Meadows.

A six-man, six-woman jury convicted Schaffer, 34, in June after deliberating nearly 17 hours over two days.

Defense attorney Ralph Meczyk argued that a new trial was warranted based on what he described as “22 grievous errors.” Among them were prosecutors’ opening statements during which Cook County Assistant State’s Attorney Mike Andre referred to the events of May 22, 2010, as “every woman’s worst nightmare” and urged the jury to “hold Mr. Schaffer responsible” for “his despicable acts.” Meczyk called the statements improper.

Meczyk also argued the questions prosecutors posed to his client during cross-examination were rhetorical in nature and therefore improper. Moreover, he said, the questions forced Schaffer to comment on the credibility of another witness, namely the 31-year-old victim, who resides in another state and who was in Wheeling visiting friends at the time of the attack.

The cross-examination put Schaffer “in the untenable position of saying to the jury, ‘The whole world’s a liar and I’m not,’” Meczyk said.

Schaffer, a self-described “weed dealer” living in Chicago at the time, claimed the woman bought marijuana from him and the sex was consensual. The victim denied Schaffer’s claims of consensual sex. She testified that Schaffer wore a mask made of pantyhose when he handcuffed her, menaced her with a knife and a replica handgun, and threatened to kill her.

Insisting that Meczyk’s claims had no merit, Cook County Assistant State’s Attorney Mike Clarke referred to appellate court decisions allowing prosecutors to denounce a defendant.

The evidence against Schaffer was overwhelming, Clarke said, referring to Schaffer’s DNA found at the scene, the nylons and fake handgun found in his car and his receipt from a Chicago pawnshop for the Cartier watch Schaffer stole from the victim.

“The defendant has a right to testify. He doesn’t have a right to lie,” said Clarke, prompting a loud objection from Meczyk during Tuesday’s hearing, which was marked by several heated exchanges.