Well, tried google, and I tried the local news websites and even FreeRepublic. I found that other posting of the same item that had been extracted. We got it, in any event, thanks! I was surprised that several people are not aware of the 1994 parallel case.
(no link)
Rape trial begins in woman's stop at service station
The News & Observer
August 4, 1994
Author: JALEH HAGIGH; STAFF WRITER
Estimated printed pages: 2
DURHAM -- Attorneys painted contrasting portraits Wednesday of a Durham man accused of repeatedly raping a woman two years ago at the Hillsborough Road gas station where he worked.
Timothy Malloy went on trial in Superior Court this week on charges of rape, forcible sexual offense and committing a crime against nature. He could be given a maximum of two life sentences if convicted of the charges.
In opening statements, prosecutors portrayed Malloy as a
violent man who raped the victim at gunpoint after she walked into the gas station store to use the phone April 24, 1992.
He forced her into the rear of the store, raped her several times and then went to wait on customers while she cowered in the back, prosecutors said.
But Malloy's attorneys told jurors the woman was drunk and belligerent that night and that she agreed to have sex with him in exchange for a ride home. Malloy wasn't armed and even asked the woman if he could use a condom, the defense contends.
The state's case might be hampered by the fact that a prosecutor and a police detective accidentally erased parts of two cassette tapes that will be offered as evidence. The tapes contain telephone conversations between the victim and her friends that night, including one in which she said she had been raped.
In tearful testimony Wednesday, the 31-year-old woman said she and some friends had been drinking and dancing that night at Blue Chips, a nightclub at the Durham Hilton.
She said she got drunk and realized when the bar closed that her friends had already left. She started to walk home alone about 2 a.m. and stopped at a Phillips 66 station on Hillsborough Road to use the phone.
Malloy was working behind the counter and allowed her to make several calls, she said. She was unable to reach her friends immediately and left irate messages on their answering machines.
At one point, she said, she asked to use the phone again and Malloy said, "This time it's going to cost you." She said he then pulled out a small handgun.
After locking the doors, she said he motioned her into a back room where he forced her to commit oral and anal sex on top of some flattened cardboard boxes. She said he wore a condom although he never asked for her permission.
"What was going through your mind?" prosecutor Mike Nifong asked.
"I was very frightened," she replied in a low voice. "I was just clenching the cardboard hoping he would stop soon."
She also testified that she is homosexual and denied defense claims that she wanted to have sex with Malloy that night.
Public Defender Robert Brown Jr. said the woman wanted to continue having sex with Malloy and even asked him to visit her at Satin Dolls, a now-defunct club that featured topless dancers where the woman had worked as a waitress.
Edition: DURHAM
Section: NEWS
Page: B3
Index Terms: rape; Timothy Malloy
I'm not aware of it. What happened?