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Woman testifies she didn't know man

September 07, 2000

Woman testifies she didn't know man



By DON AINES / Staff Writer, Chambersburg


CHAMBERSBURG, Pa. - A woman fondled by an intruder while she slept with her boyfriend last month testified Thursday she had never seen the man charged in the attack until she saw him fleeing from the house.

David Benson Parks, 29, of 16 Warwick Court, Chambersburg, appeared at his preliminary hearing before District Justice Gary L. Carter on crutches. Pennsylvania State Police allege he broke his right leg fleeing the townhouse in a Hamilton Township development early on Aug. 24.

Carter ordered Parks' case to be bound over for the Franklin County Court of Common Pleas following the hearing.

Parks is being held on $100,000 bond on charges of aggravated indecent assault, indecent assault, burglary and criminal trespass that were filed by Pennsylvania State Police.

"I felt someone touching me. I felt someone rubbing my leg," the 21-year-old woman testified. At first she believed it was her boyfriend but, "I saw someone's hand coming up from the floor to the bed."

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She testified that as she awakened, the man fled through the unlocked basement patio door and her boyfriend followed him outside. She testified that the man had facial hair and glasses.

"I'd never seen the man before in my life," she testified.

The woman testified that she had gone to her boyfriend's home at about 10:30 p.m. and fell asleep about two hours later in the basement bedroom. She testified she had not locked the patio door when she entered the house.

Shortly before 2 a.m. she noticed the hand reaching up to the bed, she testified.

"As I came through the patio door he was on his hands and knees," the boyfriend testified. The man rolled over "and was yelling about his leg," he testified.

"I asked what he was doing in my house," the boyfriend said. At this time his father came out to the patio.

As the boyfriend went inside to call police, the man "began crawling away and my father was kind of walking beside him."

The woman's boyfriend testified he'd never seen the man, but identified Parks as the man he found injured on the patio. The father testified he did not at first recognize Parks, but later realized they had met once before.

"It was probably about a month and a half before the incident. Our children had a run-in with each other" and he and Parks met to resolve the matter, the father testified.

Assistant District Attorney Tim Wilmont said later the dispute did not involve the son who had his girlfriend over that night.

Parks will be formally arraigned in county court at a later date.

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