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Archive for Tuesday, April 25, 2006

Identification allowed in 2004 rape case

April 25, 2006

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A judge on Monday denied a request to suppress a woman's in-court identification of the man she says raped her at her apartment in summer 2004.

During a court hearing last fall, the woman pointed out the 30-year-old man as the person who raped her and testified she "vaguely" recognized him. Defense attorney Jessica Kunen argued that wasn't enough to allow the woman's identification to be used at trial, given that she had been told ahead of time a suspect had been caught and that there was a DNA match.

But Assistant Dist. Atty. Amy McGowan argued that the identification was valid, in part because the man had been in the woman's apartment for more than an hour and she had a chance to see him.

Judge Jack Murphy agreed and said it could be used as evidence.

The woman was age 59 at the time of the reported rape on August 30, 2004, at a housing complex on Clinton Parkway. She told police the man entered through her unlocked door early in the morning and sexually assaulted her in her bed.

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