The only other witness called was a friend of Ms. Tene’s, Rachel Buckley, 37. She said Ms. Tene sent her a picture of Mr. Batali the night of their encounter, along with texts that described him as appearing extremely drunk but didn’t mention his grabbing her. Details of the groping and kisses from Mr. Batali came up in subsequent conversations, Ms. Buckley testified.
Much of the evidence in the trial came from two years’ worth of Ms. Tene’s text messages, which sometimes showed her being flippant about selling the photos or getting money from Mr. Batali. They revealed incidents in which she lied to get out of a gym membership and told another court that she was clairvoyant as a way to try to avoid jury duty. The judge noted those lies, and photos from the night at the bar that showed her smiling after her first encounter with Mr. Batali. Three minutes later, she took more selfies with the chef.
“Her reaction or lack thereof to the alleged assault is telling,” he said.
Mr. Batali’s lawyers pulled the texts from her phone, which a judge ordered her to turn over as part of a lawsuit she filed against Mr. Batali in 2018. Both prosecutors and her lawyer fought to prevent the forensic analysis of her phone.
In closing arguments, Mr. Fuller said the images from her camera phone from that night show “an entirely consensual encounter between the two.”
“In her world, the truth is a flexible concept,” he said. “It doesn’t really exist. She’ll say whatever helps her in a moment.”
Prosecutors countered by saying that the images did not show the entirety of the interaction or where Mr. Batali’s hands were below the frame. Texts between friends that made jokes about Mr. Batali or possible payment for the images after the incident were just that, they said — jokes. And Ms. Tene’s smiles in the selfies didn’t mean she hadn’t been assaulted. They were awkward attempts to de-escalate the situation, Nina Bonelli, the Suffolk County assistant district attorney, said in her closing arguments.