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Alleged rape victim: 'I didn't think I was going to survive'

Published September 09. 2010 05:00PM

For a grueling hour and 45 minutes yesterday during a preliminary hearing, an alleged rape victim was forced to recall - periodically in tears - the most intricate details of the assault.

She told the court that not only did the sexual attack have her scared, but "I didn't think I was going to survive."

When asked by the defense attorney about the length of time a certain portion of the attack took, she cried out, "I wasn't thinking about the time period. I was thinking, 'Am I going to survive this. Am I ever going to see my dad again?'"

The defendant, Matthew D. Miller, 28, of Center Street, Jim Thorpe, was bound over for Carbon County Court. He is being held in the county prison on $25,000 straight bail.

A request to have the bail reduced was denied by District Judge Edward Lewis, who presided over the hearing.

Miller is charged with rape, aggravated indecent assault, and unlawful restraint.

The alleged rape happened at about 4 p.m. on Aug. 26 in a vehicle parked atop Flagstaff Mountain in Jim Thorpe. The victim, 22, said she had known Miller for about five years. He offered to drive her from Jim Thorpe to a hair salon in Lehighton.

She testified during the hearing that on the way home from the hair appointment, Miller, who is married with a son, detoured to the Flagstaff and attacked her. Afterward, she said he apologized "while wearing a smile."

The woman said she pleaded with him not to commit the rape and tried to fight him off by punching him, but to no avail. "I was screaming and nobody could hear me and nobody was coming to my rescue," she wept.

"I was pretty much screaming my brains out and begging him to stop and he wasn't stopping," she added.

At one point she was asked to describe, in detail, the underwear Miller wore during the attack, but responded, "At the time I was thinking I wasn't going to be alive after he was done doing what he was going to do."

Miller, wearing a blue prison suit, didn't testify. He was represented by Attorney George Dydynsky of the public defender's office.

Prosecuting the case was Assistant District Attorney Michael Greek.

Dydynsky was relentless in seeking minute details from the alleged rape victim.

At times, he and Greek got into heated debate over the line of questioning.

At one point during the hearing Greek objected to some of the questioning and told Dydynsky, "I think you should check case law on that."

Dydynsky fired back to Greek, "I think you should check case law on that."

Another time, Greek looked at Lewis and said, "This is getting too long and out of control."

Dydynsky responded, "I think this is very much in control, Mr. Greek."

The victim said that earlier that day, she got a phone call from Miller, who she hadn't seen in several years. She stressed there was never any prior sexual involvement between them.

She said she told him she was going to call a friend to take her to Lehighton for a hair appointment. Miller offered to take her.

He waited at the hair salon so he could drive her home. "I told him, 'Take me right home,'" she testified. She told the court he agreed.

In Packerton, he made a turn up to the Flagstaff.

When asked if there was discussion between them, she said Miller told her that he and his wife were going through rough times.

Dydynsky asked her, "He didn't tell you his wife just suffered a miscarriage?"

She responded, "No."

Once they reached the top of the Flagstaff, Miller stopped the car. The woman said she was unable to leave the vehicle because the passenger door was locked.

She said a short time later, he began attacking her.

After the attack, Miller drove the woman to her home, it was testified. She said she told her friend about the attack, and the friend and the friend's mother took her to a hospital.

The arresting officer is Det. Lee Marzen of the Jim Thorpe police.

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