Former Tamaqua man found not guilty of rape
A former Tamaqua man was found not guilty in a child rape case in Schuylkill County court.
Keith McFarland, 42, who now lives in Palmerton, was found not guilty on all charges against him Thursday in the Schuylkill County Court of Common Pleas.
The jury deliberated for less than 15 minutes before reaching the verdict.
Tamaqua police charged McFarland with rape of a child, indecent assault to a person less than 13 years of age, indecent exposure, and corruption of minors for an incident that was alleged to have taken place in Tamaqua between August 2013 and January 2015.
This is the third time McFarland has been tried; the previous two trials resulted in mistrials.
“I’m ecstatic. This is the third try. I’ve been trying to prove my innocence from the start,” McFarland said.
His attorney, Matthew Rapa of Lehighton, said the jury made the right decision.
“I think the jury took the time and listened to all the evidence. I think we finally got the result that was warranted in the first two cases,” he said.
Both the girl, now 10, and McFarland were among those who testified.
Assistant District Attorney Julie Werdt asked her if she knew why she was in court.
She replied, “Because Keith did something bad to me.”
Werdt asked her about the alleged incident, who she told and the photo she drew at The Children’s Advocacy Center after the incident was reported in 2018 after telling her grandmother because she didn’t want to hide it any more.
The child said her mother went to McDonald’s, which was minutes away, and she stayed home because there wasn’t enough room in the vehicle, a statement disputed by McFarland who said the mother drove a Blazer.
Werdt asked her if she told McFarland to stop.
“No, because I was scared,” she said.
Werdt asked her why she didn’t tell her mother after the incident. She said she was scared.
She asked the child if she was being honest.
“No one told me to make it up. It’s the real story,” she said.
Werdt asked about the drawing depicting a sad face, done on Oct. 25, 2018. It was later revealed that the drawing also depicted McFarland, who said he weighs 330 pounds, on top of the table where the alleged incident took place.
Rapa pointed out inconsistencies in the child’s statement from prior testimony. For instance, he mentioned her February 2020 testimony where she said she didn’t go to McDonald’s because “he told me to stay.” He then asked her if she told McFarland to stop when the incident took place. She said yes, which conflicts with what she had said earlier in the trial and prior testimony.
McFarland testified he learned of the allegations years later. Once he was told, he drove to the Tamaqua borough police station.
“I made it clear it never happened,” McFarland said.
He said the police didn’t seem interested in hearing his side of the story.
He denied allegations again Thursday.
The mother said she had no reason to suspect McFarland had acted inappropriately while with her children prior to the allegations. Her children never complained about McFarland. She started a relationship with McFarland in 2013, ending it in 2015.
Cpl. Thomas Rodgers testified he didn’t go to the Tamaqua home because of the age of the allegations. He filed charges based on the girl’s statement and the video taken at the CAC, which the jury had watched. He also didn’t talk to the other children in the house.
McFarland’s mother also testified, saying the children got along with her son.
“Would you lie for Keith?” she was asked.
“If he did this, I would not be here to back him up,” she said.
In their closing arguments, Rapa and Werdt both told the jury to think about the children in their lives.
Rapa said there are too many inconsistencies in the child’s version of events.
“There are just too many doubts associated with this case,” he said.
He said the police investigation fell short.
“These matters should be investigated thoroughly so we don’t have situations like this,” he said.
Werdt said the drawing is all the jury needs to consider.
“When this girl was raped it was an emotional event. If you believe her, it is enough,” she said.
She said the girl is the evidence.
“You are the judge of credibility,” Werdt said.