Baltimore man convicted of rape, kidnapping

June 10, 1994|By Sheridan Lyons | Sheridan Lyons,Sun Staff Writer

A Baltimore County jury quickly convicted a Baltimore man yesterday of the rape of a Rodgers Forge woman who was attacked outside her apartment last year.

Horace L. Montague, 22, of the 2300 block of McCulloh St., stared at the jurors and shook his head slowly as the panel of seven men and five women returned its verdicts: guilty of rape, two first-degree sex offenses, kidnapping, and robbery. They found him innocent of a charge of armed robbery, after deliberating about 1 1/2 hours.

Circuit Judge J. William Hinkel said sentencing would be set later.

Montague also is charged in four similar rapes nearby in the city, said Sharon A.H. May, chief of the city State's Attorney's sex offense division, who attended the trial in Towson on Wednesday.

In closing arguments yesterday, Assistant State's Attorney Robin S. Coffin revealed that a third man, still at large, was involved in the attack on the woman on May 30, 1993. After the verdict, she said she couldn't discuss possible suspects.

The 30-year-old victim testified Tuesday that she was removing a vacuum cleaner from her car trunk at about 3 a.m. when she was thrown down and raped and sodomized by two men.

The two took her to a automated teller machine on Roland Avenue in Roland Park, where she withdrew $60 and gave it to her attackers. The victim said she didn't look at the men and was unable to identify any of her attackers. Pictures of the victim and co-defendant Derrick Adams were taken by the bank camera.

Adams, 18, of the 2800 block of Oakford Road in Baltimore, was arrested, pleaded guilty and agreed to testify against Montague in return for a 50-year sentence and dismissal of multiple robbery charges.

Assistant Public Defenders Thomas C. "Tod" Nugent Jr. and Sally C. Chester focused their attack on DNA evidence and on the credibility of Adams, who testified Wednesday.

Adams gave an account of the crime similar to that of the victim, but said he never touched her.

DNA evidence linked Montague to the rape of the victim, said FBI Agent Linda Harrison. A condom was found at the scene with the victim's DNA -- but sperm that excluded both Montague and Adams.

In closing arguments yesterday, Mr. Nugent said that the man who was the source of that sperm and Adams raped the woman.

Nugent also attacked the one-in-10,300 odds given by Agent Harrison that DNA in a vaginal swab would match Montague, arguing that the test data base dealt with males from Texas, California and Florida rather than from this area.

Ms. Coffin said police found a mask made from a shirt and .25-caliber bullets at Montague's home and his palm prints on a stolen car -- all supporting Adams' account of the attack.

Baltimore Sun Articles
Please note the green-lined linked article text has been applied commercially without any involvement from our newsroom editors, reporters or any other editorial staff.