Woman to testify in rape trial of Mount Airy man

February 05, 1993|By Darren M. Allen | Darren M. Allen,Staff Writer

A 22-year-old woman is expected to tell a Carroll jury this morning about how she allegedly was raped by two men with whom she smoked crack one night last summer in Mount Airy.

The woman is the prosecution's first witness in the first-degree rape trial against one of those men, Joseph P. Spencer of Mount Airy.

Mr. Spencer, 29, and a friend, Donald Eugene Lyles, met the woman at a pay phone near a Frederick gas station on Aug. 22, court records say. According to prosecutors, the woman was attempting to get a ride to visit her grandmother near Washington when Mr. Spencer and Mr. Lyles asked her what she was doing.

Court records say that the two men told her they would take her there, but then the three decided they wanted to smoke crack. They drove to a Frederick housing project, bought the drugs, then drove to Mr. Spencer's North Main Street home.

While there, the three smoked crack, drank beer, then made another trip to Frederick to buy more crack and returned, the records say.

That's where the stories of the woman and Mr. Spencer vary.

The woman "did not deserve to be raped," Assistant State's Attorney Kathi Hill told the jury yesterday afternoon during opening arguments. "They smoked crack, ran out, got some more, then smoked it. Then, Mr. Spencer and Mr. Lyles made sexual advances. She resisted.

"They kept going, and she realized she didn't know anyone. She was going to be raped, and she knew it."

Not so, said defense attorney Willie Mahone.

"This case is about three individuals who consumed an inordinate amount of drugs and alcohol on the night of Aug. 22 and then entered into consensual sexual activity," he told the jury. When the trio ran out of the first batch of crack, Mr. Mahone said, the woman asked the men to go out and buy some more.

The name of the woman is being withheld to protect her privacy.

Mr. Lyles pleaded guilty Monday to one count of second-degree rape and agreed to testify against Mr. Spencer. In exchange, prosecutors dropped several other charges, including first-degree rape and perverted sexual practice, and agreed to a sentence of a year of work release at the Carroll County Detention Center.

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