Defendant in child rape trial presents alibi
A Kunkletown man, charged with raping a then 12-year-old girl twice in July 2015, presented a alibi defense Tuesday afternoon as his trial continued in Carbon County court.
Stephen E. Hogg Jr., 35, is facing 12 criminal counts including two each of rape of a child, involuntary deviate sexual intercourse, unlawful contact with a minor in a sexual manner, aggravated indecent assault, corruption of a minor with the defendant older than 18 and indecent assault on a person less than 13.After the commonwealth, represented by Assistant District Attorney Cynthia Ann Dyrda, rested her case, defense counsel Paul Levy, of the public defender's office, called three witnesses whose testimony dispute that of the victim and her father concerning the time frame when the two alleged sexual assaults occurred.TestimonyIn her testimony on Monday, the girl, now 13, said she was raped by Hogg twice in July 2015. Her father also said the assaults had to occur in July 2015 because that was when Hogg was living at the residence.However, the three witnesses called by Levy said Hogg was not living at the home of the victim in July, but instead stayed for about two weeks in September 2015.Crystal Ginter, who identified herself as Hogg's girlfriend, said he was living with her and her grandmother in July 2015.She said in September 2015 Hogg began doing work for another resident in the Indian Mountain Lakes development where the incidents occurred.She said she would drive Hogg to the victim's home, where he would stay while doing the work. She also claimed that he did not stay days at a time but rather an overnight stay then return.She also said there was a period of time when Hogg moved to Montgomery County and lived with relatives because there was more work available to him.She said she learned of the allegations against Hogg in May 2016.Jo Papvich, the woman Hogg was doing work for while he stayed at the victim's home, testified he did work at her home, not far from the victim's house, in September 2015. She said the victim's father had recommended Hogg to do the work.She denied she had a problem with the victim's father over money he owed her.The third witness was Jennifer Chappell of Lititz, Lancaster County, who resided in the development and knew the parties.She said after she moved to western Pennsylvania, she received a call from Hogg, who said he was doing work for Papvich and was living at the victim's home.She said, "I believe that was September 2015."ProsecutionBefore resting her case early Tuesday afternoon, Hatton called trooper Nicholas Mantinone, who took the initial information concerning the allegations.He said he then turned it over to trooper Eric T. Porpiglia.Porpiglia testified he began his investigation by having the victim interviewed at the Child's Advocacy Center in Scranton and also the office of Children and Youth of Carbon County.He said he never spoke to the victim because it is state police protocol not to speak to a young victim in sexual abuse cases.He interviewed Hogg in May 2016 at the Fern Ridge barracks.He said the interview only lasted about 15 to 30 minutes. Hogg denied having any kind of sexual relations with the victim. He said Hogg then ended the interview and left, which was his right.Under questioning from Hatton, Porpiglia said he learned that Hogg was going to present an alibi defense on March 6, the day a jury was to be selected to hear the matter. He said he was given the names of people who were going to testify as alibi witnesses. He tried to contact them but was not successful with everyone he tried to get on the phone.Levy asked Porpiglia about the information on the cover sheet of the criminal information where he listed the time frame of the incident being between July 1 and 14, 2015, while the victim and father said it occurred later in the month.Porpiglia noted in the affidavit, in which he details his investigation, it states the entire month of July as the time frame.He said he always conducted the investigation based on the time frame being the entire month of July.Other evidenceCalled again to the witness stand was Jill Geissinger of the county office of children and youth, who was involved in the investigation. She was called to have the transcript of the forensic examination conducted at the advocacy center be made part of the record.Dr. Andrew Clark, medical director of the Kidspace Center in Orefield, where the victim was admitted for a time suffering from depression, testified by phone concerning his psychiatric evaluation of the victim.He said the girl suffered from several stresses - the alleged sexual assault, the poor health of her father and the fact she may have to live with her estranged mother.During her testimony Monday, the victim said Hogg raped her twice in the guest room of her home where he was staying. She said the assaults occurred several days apart. She said she never told anyone at the time because Hogg had threatened her and her family.The allegations surfaced in March 2016 when the victim told a girlfriend about the assaults. The girlfriend's mother overheard the conversation and called the victim's father to tell him. He then called state police and the investigation began.The trial, being held before Judge Steven R. Serfass, resumed at 9 a.m. today. Testimony was expected to finish this morning with the case going to the jury by this afternoon.