Victim testifies during first day of attempted-rape trial

By John W. Goodwin Jr.

YOUNGSTOWN — The first day of a trial for a man accused of holding a woman against her will and attempting to rape her focused largely on the testimony of the victim and police at the scene.

James Duffy, 52, of Sunset Boulevard, is on trial before Judge James C. Evans of Mahoning County Common Pleas Court. Duffy was charged with two counts of kidnapping, felonious assault and attempted rape, but Judge Evans, after a motion by defense lawyer Robert E. Duffrin, dismissed one count of kidnapping.

The 37-year-old victim spent more than two hours on the stand detailing the events of her May 2009 evening with Duffy and answering questions from Duffrin concerning her own actions on the day in question and her problems with drugs and alcohol.

Under direct examination from Natasha Frenchko, an assistant county prosecutor, the victim said she had gone to family court for divorce proceedings, stopped at her mother’s South Side home then went to Duffy’s house, also on the South Side, to speak with his brother.

The victim said she and Duffy drank beer, went to a corner store then returned to the home and drank more beer for several hours. She said Duffy began to make sexual advances, and she lightheartedly told him to keep his distance, but Duffy became more aggressive, holding a knife to her neck and demanding sex.

The victim said she ultimately grabbed a phone and went to a bathroom to dial 911. She said Duffy forced his way into the bathroom while she was on the phone with the 911 dispatcher, punched her in the head and forced her to another room where he pinned her to the floor and ripped her shirt trying to remove it.

The woman said the police knocked on the door during the struggle.

Duffrin questioned the amount of alcohol the woman had consumed the night of the reported attack. She told the court she had about six beers between her stop at a local bar at 5 p.m. that day and the incident involving Duffy. She admitted she knew Duffy would likely have beer available before stopping at his home.

The victim also admitted to using marijuana in the past, but said she had not ever used any other illegal substances.

Police Officers Ed Kenney and Jerry Fulmer testified for the prosecution, saying the woman was highly distraught upon their arrival and asking for help. They said Duffy was intoxicated and told police two different stories about what had taken place.

Duffrin questioned why the officers had not collected the ripped shirt worn by the victim and why officers did not find the knife the woman said was used, or any knife, inside the house.

The officers told the court a search of the home was conducted, but the inside of the house was too cluttered to find the knife. They also said the shirt worn by the victim was not collected because she had nothing else to wear and it was secondary to the victim’s safety.

Duffy declined to take the stand in his own defense late Tuesday afternoon.

jgoodwin@vindy.com