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Rape suspect remains jailed despite no DNA match

December 09, 1998|By DON AINES

CHAMBERSBURG, Pa. - A Pennsylvania man charged with raping a woman last summer on the Appalachian Trail remained in Franklin County Prison on Tuesday, although the Pennsylvania State Police Crime Lab was unable to match his DNA with samples taken from the victim.

Terry Alvin Boose, 33, of no fixed address, was charged June 9 with rape, involuntary deviate sexual intercourse, aggravated indecent assault and simple assault.

Franklin County Public Defender Robert J. Trambley and Assistant Public Defender Nancy Meyers on Tuesday asked Judge John R. Walker to dismiss the charges for lack of evidence.

Meyers said police knew there was no DNA match before Boose's September preliminary hearing.

"Basically it says the DNA specimen ... does not match the DNA or the blood sample drawn from the defendant," Franklin County Assistant District Attorney David Rahauser told Walker. He asked the court for a second set of tests on Boose's semen, blood and saliva.

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"We're trying to come up with an explanation that makes sense," Rahauser said after the hearing.

"It looks like there's going to be another hearing on a new DNA test, which we will strongly oppose," Meyers said later.

"They had their shot at it," Trambley said.

The rape occurred June 3. Boose was arrested June 9 in Cumberland County, Pa. On June 8, a man identified as Boose was stopped by a state trooper, who found he was wanted in Adams County, Pa., on theft and criminal mischief charges.

That man ran, and Boose was arrested in an orchard the next day.

The 28-year-old victim, who is from out of state, was hiking along the trail on June 3 in Quincy Township. At the preliminary hearing, she said a man walked by her as she hiked and later offered her a beer.

She declined and continued hiking, but was later raped by a man who used a T-shirt to cover his face.

She didn't pick Boose from a photo array on June 22, but identified him in a live lineup on Aug. 31, police said. The lineup included Boose, four state troopers and a local banker, according to Cpl. George Cronin.

The DNA report was dated Aug. 13, Meyers said.

At the live lineup, each man was told to show his teeth and say, "You're not going to yell anymore, OK?," a phrase the woman's attacker used.

The woman described the man she'd seen earlier as having "Chiclet teeth." Cronin could not explain what she meant.

At the lineup, Cronin said each man was asked to cover his forearms because the attacker had a tattoo.

"On a scale of one to 10, she said it was a nine," Cronin said of her identification.

There were discrepancies in police reports about whether the attacker had tattoos on one or both forearms.

Meyers said semen samples were taken from the victim's underwear and vaginal swabs.

Walker did not dismiss the charges because of the lineup identification. Rahauser said he wouldn't object to Boose's release on bond before his Dec. 23 arraignment.

Trambley said he'll ask the court to reduce Boose's $150,000 bail. He did not know, however, if Boose could still be held on charges pending in Adams and Cumberland counties.

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