Shorewood woman accused of spitting on teen takes stand in defense

Protesters took the witness stand on Tuesday, April 18 in a Shorewood woman's trial for spitting in a teenager's face. The case dates back to racial justice protests nearly three years ago. 

Stephanie Rapkin, 67, is charged with disorderly conduct. Her attorney does not deny his client spit at th protester, but says it was self-defense.

Eric Lucas on the stand

Eric Lucas was called back to the stand Tuesday morning. He was 17 years old in June 2020 – and was part of a protest in Shorewood.

"It looks to me like what Ms. Rapkin is actually doing is not spitting in your face, but that she's spitting in a downward motion, down, to signal get away from me. That's how it looks to me when I watch the video, would you agree with that?" asked Anthony Cotton, Rapkin's defense attorney.

Rapkin's attorney asked Lucas if he exaggerated the events when police eventually came and talked to him.

"You’re also seeking monetary award because you’re now disabled, right? We already agreed with that?" Cotton said. 

"Yes," Lucas answered.

Eric Lucas

Cotton brought up Lucas' civil suit against Rapkin related to the incident. 

"In addition to making you whole, or fixing the disability, you want some jury to give even more money against her to teach her a lesson. That's what punitive damages means, right?" Cotton asked.

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"Yes," replied Lucas. "If she was terrified, she wouldn’t be walking towards us."

Prosecutors say Rapkin could have removed herself from the situation, but instead walked towards the protesters and Lucas. 

Stephanie Rapkin

"Did she spit at the ground?" asked James Griffin, Milwaukee County Assistant District Attorney.

"No," answered Lucas.

The state also called a friend of Lucas, who was with him that day in Shorewood

"I am stopping Eric from pursuing Ms. Rapkin," said Ilijah Taylor-Jordan, Lucas' friend. "She decided to intervene and meet us."

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Prosecutors rested their case on Tuesday. 

The accused on the stand

Rapkin then took the stand in her own defense, telling the court she was driving home and tried to make a U-turn.

"I’m trying to get out of there as carefully as I can without hurting anybody, by turning my car and doing a U-turn. They’re yelling at me, and they're saying almost hit bicyclist and I freaked out. I jumped out of the car. I left everything behind," Rapkin said. 

Rapkin started walking toward the marchers. 

"I felt unsafe instantly. People were following; people were yelling," Rapkin said. 

Stephanie Rapkin

Rapkin said she was trying to get into a nearby parking garage. 

"I was afraid. I didn’t know what to do. There was nobody to call, or scream for help. They ran towards me pretty aggressively," Rapkin testified. 

Rapkin does not deny she spit at a teenager. 

"He said, ‘(expletive), move your car,’" Rapkin said. 

"Did you spit towards him?" Cotton asked.

"I did, to get him away from me," Rapkin answered. 

Stephanie Rapkin

Rapkin says she was still receiving cancer treatment; afraid of falling ill at the height of the COVID-19 pandemic. She testified that she spit towards the ground. 

"I wanted to put a mark on the ground," Rapkin said. 

"In your testimony, you would agree, that you said you spit on the ground," asked Griffin.

"Yes," answered Rapkin.

On cross-examination, the prosecutor said Rapkin never told police she spit at the ground. 

"When the officer said you spit on the kid, you said because he was in my face like this, right? That's what you told him?" Griffin asked.

"Right. Inartful," replied Rapkin.

"Inartful?" Griffin asked. 

"Inartful," Rapkin said.

"OK, but not inaccurate?" Griffin asked.

"And inaccurate," Rapkin replied.

"There we go," Griffin said.

Rapkin was the only witness the defense called. The defense rested its case Tuesday afternoon. 

The state intends to call at least one rebuttal witness – and the jury could get the case as early as Wednesday morning. 

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