HOLLIDAYSBURG - A Blair County jury is being asked to decide if a Penn State Altoona collegian was raped last year in her off-campus apartment or if she engaged in consensual sex.
Defendant Kalil Wynn, 19, of Edison, N.J., charged with rape, deviate sexual intercourse, sexual assault and related charges based on a Nov. 11, 2012, incident, told police investigators that he and the woman, then 19, had sexual intercourse at her Nittany Pointe apartment.
The woman, now a collegian at University Park, offered a different description from the witness stand on the first day of trial, expected to conclude today.
"I just cried the whole time," the woman testified Tuesday while sobbing frequently. "I was crying to the point that I couldn't even breathe. I was choking on my breath. ... I couldn't get up, he had his body weight on me ... and I kept saying I didn't want to do this."
Defense attorney Philip Masorti of State College, during cross-examination, focused on the woman's inconsistent statements. She initially told Logan Township police that she was walking home during the early morning hours of Nov. 11, 2012, when Wynn and another man came to her apartment.
She later admitted that she got into a car that night with three men, including Wynn, while she was walking on Gwin Road toward her apartment.
"I didn't want to make myself sound stupid ... about getting into the car," she said.
While she initially didn't know the men, the woman said she engaged in conversation with them and learned that they were St. Francis College students and that they had a mutual friend. So she accepted a ride back to her apartment and invited them in. One fell asleep on the couch and the other reportedly hung out in the kitchen while Wynn and the woman were in her bedroom.
The woman said that when she called Blair County 911 to report the assault and when she initially spoke to police, she was upset and offered the only name she knew. It happened to be the name of one of the men with Wynn, and after seeing Wynn's picture, the woman identified Wynn as the man who raped her.
Logan Township Police Detective Sgt. David Hoover said he interviewed the men who went to the woman's apartment and Wynn admitted that it was he who had sex with the woman.
Did Wynn tell you the woman said "No?" Masorti asked.
"He said it was consensual," Hoover said.
The woman's former roommate said she was asleep in a separate bedroom and awakened by the sound of voices in the hallway, moaning and an utterance by her roommate. Under cross examination, Assistant District Attorney Illissa Zimmerman asked the roommate how she heard an utterance from a location that was farther away than the hallway where two men were talking. The roommate said she couldn't distinguish what was being said in the hallway.
One of the men with Wynn also testified that at Wynn's request, he took pictures of Wynn's lower back where there were scratches, because Wynn wanted to use those photos as proof that the intercourse was consensual. But the man also testified that he erased the photos at Wynn's request.