Jennings highlighted the lack of physical evidence linking his client to the charges, and pointed out that the so-called South County locale for the 1986 incident remains murky.
Jennings said investigators identified the spot - an Appalachian Trail parking area along Route 23 bordering Great Barrington and Monterey - from a sketch provided by the alleged victim of a nearly 25-year-old crime.
Jennings said the man, who hadn't returned to the site since 1986, selected the location based on his knowledge of the Berkshire County spur of the Appalachian Trail. The alleged victim, an outdoorsman and hiker, testified earlier there was a sign near the parking lot to the trailhead. But photos taken of the parking area in 1980 and 1988 - before and after the alleged attack - show no trace of a sign, according to Jennings.
"That may raise some doubt about the honesty of that testimony and the honesty of that allegation," he said.
In the case of the alleged 1989 victim, who claims Mercure raped him in the parking lot of the former Brodie Ski Area in New Ashford, Jennings reminded the jury that nobody other than the man himself had any knowledge of that trip to the Berkshires.
"He chose an activity that he's familiar with - skiing," Jennings said.