SHOCKED COURTROOM
WATCHES ACCUSED WALK
Lack of Evidence Ends Lengthy Vicious Assault Case




By JORDAN H. GREEN

NEWMARKET -- The courtroom was stunned, as John 
Biafore walked out a free man last night.
  Biafore, 53, of 22 Josie Drive in Richmond 
Hill, was charged with viciously verbally and
physically assaulting his then-girlfriend
during a fight on April 17.
  The fight began on the evening of April 16,
when the victim, Bonnie Lyles, arrived at 
Biafore's house for a date.
  "First I was accused of being late, then he
said 'you were late probably because you were
having sex with another man,' Lyles told the
court during the crown's examination.
  The couple ate dinner then retired to the
bedroom, where the issue came up again.
  "I went to the jacuzzi in the bathroom, I
took off my clothes and he checked out my
genital area and saw I had a discharge and
the area was red," Lyles testified. "He said
'there, that proves it. You have had sex with
someone.'
  "How did he do this?" asked Crown Attorney
Rochelle Direnfeld.
  "He just opened up my legs and checked out
my genital area," responded Lyles.
  The couple calmly talked for a while, then
retired to bed, according to Lyles.
  The fireworks started early the following
morning.
  "We got up around six because I had to work,"
said Lyles. "He checked my genital area and 
saw it had cleared up. And he said, 'see, I 
told you, you had sex before you came here.'
  "Did he ask permission?" asked Direnfeld.
  "He just opened up my legs," responded Lyles.
  "What did you do when he approached you like
that?" questioned Direnfeld.
  "I just let him do that," said Lyles.
  "Then what happened?" asked Direnfeld.
  "He started to yell and scream and he said
'how can you do that,' testified Lyles. "I said
'don't worry, I'm leaving and I'm not coming
back.' Then he grabbed me and swung me around
and shook me."
  "Where did he grab you?" asked the crown.
  "Here (above the arms) he said 'you tell me
you're having sex with other men, you're not
going anywhere until you admit you're having sex
with other men.'
  Lyles tried to get away, but testified she was 
pushed to the floor by Biafore.
  "He started calling me a fucken slut and a 
fucken whore and he raised what I think was his
left hand and he brought it down about three
inches from my face and then he slapped me across
the face," Lyles said.
  "Then what happened?" asked Direnfeld.
  "He released me and still kept calling me a 
fucken slut and a fucken bitch," said Lyles. "I
tried to get away, but he pushed me to the floor
and he shut the door.
  "I told him 'don't touch me, just let me go.'
  "Then what happened?" asked Direnfeld.
  "I realized I wouldn't get out, so I called for
help, I called for his son, for help," said a 
tearful Lyles in the witness box. "John said the
house was soundproof, he (his son) wouldn't hear."
  As Biafore continued to yell at his captive, she 
became more fearful and aggressive.
  "I realized I wouldn't get out," said Lyles. "So,
I grabbed the electric toothbrush holder and I 
threatened to start throwing things and smash things
in the bathroom if he didn't let me go.
  "Then, I guess he realized I was serious and he let
me out."
  The story changed when defense attorney Alan Gold 
called the accused to the stand.
  "After (dinner) she asked if I could draw a jacuzzi
for her," testified Biafore. "She undressed and I 
helped her remove her slacks and I saw her genital 
area."
  "Did you check it?" asked Gold.
  "No, it was staring right at me," responded an 
emotionless Biafore. "At six in the morning, the sheets 
came off and she was healed and I saw there was no
discharge. I said 'oh, what a coincidence, it's all
healed up.'
  "I told her I didn't want to see her again."
  "At this time of events, did you grab her and proceed
to shake her?" asked Gold.
  "No, I didn't," said Biafore.
  "Did you ever push her to the ground?" asked the 
defense lawyer.
  "No, I didn't," said Biafore.
  "Did she ever say 'don't touch me?' asked Gold.
  "Yes," responded Biafore.
  "What reply did you make of that?" asked Gold.
  "I backed off," said Biafore.
  In making his decision to acquit Biafore, the Hon.
Tim C. Whetung, said it came down to credibility.
  "Where the parties disagree is from the time of 
waking to the time of leaving the premises," said
Whetung. "In assessing the credibility of the accused,
he's provided evidence in court. Of course, the victim
also provided evidence in court."
  As there was no physical evidence in support of the
victim, Whetung dismissed the charges.