Alleged victim in sexual assault case gives conflicting details

January 30, 2019

By KAREN VELIE

During a controversial sexual assault trial Tuesday, San Luis Obispo County Superior Court Judge Jacquelyn Duffy discussed the alleged victim’s inconsistent statements. [Cal Coast Times]

Defendant Herbert Connor is charged with sexual battery, inflicting corporal injury and assault with intent to commit rape over an incident in which he allegedly attempted to have sex with a 67-year-old Cambria woman, which caused her to fall into a door jamb while she tried to escape. Since 2012, Connor and the woman have been friends and on and off sexual partners.

With the jury out of the courtroom, Judge Duffy questioned whether a paragraph from a diary the woman kept concerning the alleged assault should be provided to the jury because it was inconsistent with the victim’s testimony at trial.

“It’s arguably inconsistent with prior statements she fell into the wall,” Judge Duffy said.

The previous afternoon, Connor gave his version of the relationship and the incident.

In early 2012, Connor and the woman met at a dog park in Cambria. During that time, Connor informed the woman he was married. Shortly afterwards, Connor and the woman began a consensual sexual relationship.

On April 25, 2017, Connor and the woman walked their dogs, went swimming at Cuesta College and then shopping at the grocery store. While driving the woman home, Connor said he held her hand.

After Connor carried the woman’s groceries into her kitchen, they embraced and kissed, Connor testified. With his arm around her waste, Connor and the woman walked down the hallway to her bedroom and laid on the bed, he said.

After kissing her, Connor said he raised her blouse, kissed her breast, and moved his hand towards her groin area.

“She said ‘no,’ grabbed my hand and pulled away,” Connor testified. “I realized she was not having a good time.”

Contradicting the woman’s testimony that she pulled away from Connor and fell into the wall while in the hallway, Connor said the woman got up, walked out of the room and collapsed.

On Tuesday, Judge Duffy asked the court reporter to read back three statements the woman gave about falling into the wall. In each statement, the woman said she fell into the wall.

“I don’t think he slammed me, I fell into the wall,” the woman testified during trial.

Contradicting her trial testimony, in her diary the woman wrote that Connor “shoved” her into the wall causing a back injury.

District Attorney Dan Dow said he wanted the whole paragraph given to the jury because it describes pain associated with her back injury. Connor’s attorney Ilan Funke-Bilu also wanted the paragraph provided to the jury.

Judge Duffy said the victim would have to return to the stand on Wednesday to verify the diary entry.

Funke-Bilu said he would “not mind putting on a show,” and danced a short jig for the gallery before informing the judge he would not dance in front the jury.

Following the woman’s testimony about the diary entry, the attorneys are scheduled to give closing statements.


Loading...

6
Leave a Reply

Please Login to comment
Downtown Bob

Looks like Barney Fife convinced a jury of the defendant’s peers that he was guilty of significan charges beyond a reasonable doubt, So much for Funke and his swagger lol.


DocT

If we go back to campaign season…..the time before elections where candidates are expected to tell whoppers and frame them as “promises” or “platforms,” our illustrious DA said,


“We can start by believing the women”


The context was, of course, the #metwo thing what was big news at the time.


So, DA Dow is believing the woman, just like he said during the campaign.


Of course, whether the jury believes the women largely depends on DA Dow. We’ll see how that works out.


I do have a suggestion: How about a policy to the effect that we should search for the truth and stick to the foundational concept of Innocent until Proven guilty?


This is a good compromise position for a politician! It gives them room to pander to the latest thing….AND leaves the door open to actually do one’s job should it ever be required.


I know, truth is an outdated concept…..outrage and identity politics are much newer and better. But perhaps the truth is more reliable in the long run.


esteroboy

Dan Dow is the Barney Fife of San Luis Obispo County. I’d feel safer if he had one less bullet.


DLANG

This is by far the most laughable case i have ever witnessed, the Alleged Victim admits she lied, admits she had consensual sex over and over but when the old guy said no she then makes up a fake sexual assault case. She is NOT at all attractive and old so i get she wants some sex from anyone who would have her.


So why would the DA himself do this case ? oh yea because all the Deputy DA’s including his top deputy Eric Dobroth and the sex DDA Chris White all refused as the fake “Victim” lied and was actually the lover of many old men with $


So when a 72 year old X lover stopped the old lady got mad and made up fake charges as today the case is a waste of fake charges by DA Dow the same guy who protected several dirty sexual deviant cops.


The Judge did a great job as the alleged victim left the court room she was later overheard admitting she lied and just wanted someone to has sex and she needed money as she is unemployed and poor.


As the Crime lab showed she had several mens’s DNA on her breasts and none were the defendant so she is pretty active for a older woman with men. DA Dow needs to move on as he is 100% unfit to be our continued DA


rukidding

Maybe a new dance. We can call it the Funke?


DPINC

Go Funke Go !!! It seems that Ilan gets smarter each year and his opposition gets dumber and dumber lol .Kick that ass Ilan !!! Dancing in front of the jury LOL !! Float like a butterfly and sting like a bee !!!