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Charges bound over for Va. man accused in sexual assault of Mont Alto student

May 14, 2008|By DON AINES

CHAMBERSBURG, Pa. - A Virginia man charged with sexually assaulting a fellow student at the Penn State Mont Alto campus in November had the charges bound over for Franklin County Court following a preliminary hearing Tuesday before Senior Magisterial District Judge Brenda Knepper.

Eddy J. Barahona, 21, was charged in March with sexual assault and indecent assault in an incident that Pennsylvania State Police said happened on the night of Nov. 15-16. A preliminary hearing on more recent charges against Barahona, including rape, was continued, Assistant District Attorney Angela Krom said.

A 19-year-old woman testified that she and friends had been drinking when one was invited to the dormitory room of a male student. While there, the woman testified she had more to drink.

The woman testified she was going to the bathroom when Barahona forced her inside, locked the door and had sexual intercourse with her. The woman testified she did not consent to having sex with him.

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While this occurred, the woman testified her friend and another person were knocking on the bathroom door. On cross-examination, defense attorney Christopher Ferro asked the woman why she did not call out to her friends during the assault.

"I was scared and I froze," she testified.

The woman testified she left with a friend after the incident, but also testified she met with Barahona in his van later that same evening when he called her. She testified Barahona called and told her another friend of hers was passed out in the van.

"I was looking out for my friend," testified the woman, who added that the friend was not in the van. Barahona would call her "countless" times after the incident, but she testified she did not have "pleasant conversations" on the telephone or attend the same parties.

"I had no intention of telling anyone anything," the woman testified, but she came forward and told police after other students came forward with similar stories.

Barahona and another student, Lambert L. Foinchas, 19, of Dumfries, Va., are charged with raping another student on the night of Feb. 8-9, Krom said. In that incident, police said the two men had sex with another 19-year-old woman while she was passed out in Barahona's room.

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