A Jim Thorpe man was found not guilty by a Carbon County jury on Wednesday of all criminal counts filed against him, including rape.
Matthew E. Miller, 29, was acquitted of rape, aggravated indecent assault, unlawful restraint and sexual assault. The panel of eight men and four women deliberated for more than three hours before reaching its decision.
The case was a classic "he said, she said".
Miller was accused of raping a 22-year-old Jim Thorpe woman on Aug. 26, 2010, at Flagstaff park. She said he forced himself on her, she tried to fight him off and told him to stop repeatedly.
Miller told the jury the sex was consentual.
The trial lasted three days. It began with jury selection on Monday morning and the trial starting Monday afternoon.
The girl told the panel she and Miller were friends and on the day of the incident she called him for a ride to the Carbon Plaza Mall where she was going to get a haircut. After the haircut they were returning to Jim Thorpe when Miller pulled off SR209 near the Packerton Dip and went to Flagstaff park where the girl said the sexual assault occurred.
The girl did not report the incident until the next day about 10 p.m. when she went to the Lehighton hospital and reported the rape. A rape kit was performed by hospital personnel.
Miller testified that he did have sex with her at the park but said it was consentual. He said after the two had gotten out of the car at the park and enjoyed the view, they re-entered the vehicle.
At this point Miller said the girl began kissing him. He said he and the girl embraced and it eventually led to the two having sexual intercourse. After the encounter ended he drove the girl home.
When first confronted by Jim Thorpe police Det. Lee Marzen, Miller denied the incident. He later admitted it but said he first denied the incident occurred because he was ashamed and that he didn't want to hurt his wife.
The trial was held before President Judge Roger N. Nanovic II. Assistant District Attorney Michael S. Greek prosecuted the case and public defender Atty. George Dydynsky represented Miller.