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Australian Tourist Acquitted of Rape Finally Free to Leave New York

By DNAinfo Staff on February 10, 2011 8:26pm

David Green with lawyer Ronald Fischetti after his sentencing.
David Green with lawyer Ronald Fischetti after his sentencing.
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DNAinfo/John Marshall Mantel

By Shayna Jacobs

DNAinfo Reporter/Producer

MANHATTAN SUPREME COURT — An Australian farmer acquitted of raping a 21-year-old woman he'd met at a bar said he holds no grudges against New York City after his time-served sentencing on a lesser charge Thursday.

"I'll come back again. I've got nothing against the city," said former Rikers Island inmate David Green, 29, as he left court, finally free to return home.

Green was convicted of drunkenly throwing bottles off the 12th floor balcony at the Affinia Hotel, where he was staying with a group of friends who were touring North America six years ago. 

He had been charged with raping a young woman, Elizabeth Roarke, who later admitted to having a drug and alcohol abuse problem. She claimed she woke up after a night of partying to find Green on top of her, a charge he denied.

A jury acquitted him of the rape charges in December. He faced up to 25 years in prison if convicted.

The case has dragged on because at one point, while he was free on $7,500 bail after the initial arrest, Green went back to Australia, violating his bail restrictions. His lawyer, Ron Fischetti, said Green did not understand the rules.

He was extradited back to New York in 2009, where he was held at Rikers Island for 18 months awaiting trial.

Green's lawyer said they intend to sue Roarke and her friend, who testified on the alleged victim's behalf and who Green said embellished her story.

On his time at New York City's notoriously rough jail complex, a cheerful Green said Rikers was "very challenging."

He said he spent his time working out alongside "quite a few horrifying murderers" and also helped fellow inmates study up on law.

On Thursday he was sentenced to time served for the bottle incident, although prosecutors were asking for more than two years in prison.