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W.Va. man convicted of assault

June 01, 2000

A Washington County Circuit jury deliberated for three hours Wednesday before finding a West Virginia man guilty of second-degree assault.

Alan A. Moser, 51, of Berkeley Springs, W.Va., will remain free on bond pending completion of a pre-sentence investigation ordered by Judge Frederick Wright.

The two-day trial included testimony from the victim, who said Moser forced her to have sexual intercourse on April 24, 1999, in her Boonsboro home.

Moser, a former Boonsboro resident, took the stand in his own defense and insisted that the sexual contact was consensual.

There was little conflicting testimony that Moser, the victim's husband and the victim had been drinking alcohol that night in varying amounts.

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The woman's husband testified he and Moser had consumed two bottles of spiced rum at their respective homes in the Boonsboro area and then had several Jack Daniel's and sodas at a tavern in Funkstown until they were thrown out.

While the victim's husband drove around Washington County to avoid going home drunk, Moser went to the victim's house where the sexual contact occurred.

He testified he was invited.

The victim said she called Moser's home looking for her husband that night and five or 10 minutes later Moser showed up at her home.

Moser originally had been charged with second-degree rape and a fourth-degree sex offense. The jury of nine men and three women convicted him on a second-degree assault charge.

Moser's attorney was Matthew Leefer. Assistant Washington County State's Attorney Arthur Rozes was the prosecutor.

The maximum possible penalty for second-degree assault is 10 years in prison.

- Marlo Barnhart

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