A Pasadena man convicted twice in the 1987 rape of an 18-year-old Severna Park woman was sentenced yesterday to 40 years in prison.
Stanley Lyba, 38, was convicted of first-degree rape and first- and third-degree sexual offenses during a jury trial in January in county Circuit Court. He had been granted a new trial after his February 1989 conviction was overturned last year.
Defense attorney Alan R. Friedman yesterday asked Judge Raymond G. Thieme Jr. to allow Lyba to remain free on bond while he pursues another appeal. Friedman said Lyba had been a "model citizen" while free on bond after his first conviction was overturned, but Thieme turned down the request, saying, "I don't consider him to be a model citizen. I consider him to be a danger to society."
During the trial inJanuary, the victim testified that she was searching for her puppy near her home shortly after sundown on Sept. 12, 1987, when a man approached her, held an object he said was a gun to the back of her head and ordered her into a wooded area near Baltimore-Annapolis Boulevard.
There, the woman testified, the man fondled her, performed oral sex on her, forced her to perform oral sex on him, and then raped her.
The woman, now 22 and living in Jacksonville, Fla., said her attacker wore a blue plaid shirt and smelled of peppermint. Witnesses testified that Lyba had been wearing a similar shirt while drinking peppermint schnapps at a nearby bar before the attack.
The victim also described coming face-to-face with her attacker nine months later at Patapsco State Park in Howard County.
Lyba spent more than threeyears behind bars before being released on $50,000 bond last September.
In January 1991 an appeals court overturned Lyba's first conviction, ruling that the judge in that first trial improperly preventedthe defense lawyer from asking whether the victim had used drugs or alcohol on the night of the attack or the day she saw Lyba in the park.
Prosecutor Cynthia M. Ferris said Lyba received a sentence of life plus 25 years after his first conviction. Thieme sentenced Lyba to 25 years for rape and 15 years for the first-degree sex offense. The judge also gave Lyba five years for the third-degree sex offense, but ordered that sentence to be served concurrently.
Afterward, Ferris commented on the lighter sentence for Lyba in the second trial.
"Judges approach cases differently," she said, "but 40 years is a good sentence. It's within (sentencing) guidelines, and it's a lot of time, so I don't have any complaints."
During the hearing yesterday, Friedman told the judge Lyba had only one previous conviction for possession of cocaine.
Ferris responded: "The crime, along with his background, just demonstrates what a danger he is to society. He was not abused as a child. He apparently wasn't socially deprived. We're not aware that he was economically deprived. He doesn't have any ofthose things in his background that we are accustomed to seeing in people who commit violent crimes. We don't know why he did it, which makes him all the more dangerous."