Archive for Wednesday, January 11, 2006

Order for psychiatric review delays start of man’s rape trial

January 11, 2006

A Leavenworth County district judge has ordered the victim of an alleged rape in Tonganoxie to undergo a psychological evaluation.

On Friday, Judge Frederick Stewart granted a defense attorney's motion for the evaluation of the alleged victim, a 22-year-old former McLouth woman.

During a preliminary hearing in October, the woman testified that her estranged husband, a 23-year-old Tonganoxie man, raped her in September at his home.

During cross-examination at that hearing, defense attorney Rhonda Levinson questioned the woman's credibility. Levinson said the woman accused her father of sexual improprieties, but the woman denied ever doing that.

During the October hearing, Levinson also asked the woman about an altercation between the woman and the woman's mother. The woman had accused her mother of beating her, according to Levinson, but during the altercations, the mother suffered broken ribs. The woman said she was defending herself and that she didn't recall her mother sustaining any injuries.

In addition to the rape charge, the estranged husband also faces an aggravated assault charge stemming from an alleged incident in April.

The woman said that on April 11 she tried to take the couple's child from their Tonganoxie residence after the couple had argued. The woman said her husband would not let her and their child leave and that he pointed a revolver at her, with the hammer pulled back. The woman then walked to the Tonganoxie Police Department and filed a report, she said. The gun, meanwhile, was not found. After that incident, the couple separated and the woman and the couple's son, now 2, moved to McLouth. They now live in Texas.

The man originally was scheduled to stand trial on all the charges this month. But the trial will be delayed, while arrangements are made for the evaluations of the alleged victim, who now lives in Texas.

As a matter of policy, The Mirror generally does not name suspects in sex crimes unless there is a conviction or a guilty plea in the case.

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