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Men charged with raping fellow Penn State Mont Alto student waive preliminary hearings

June 18, 2008|By DON AINES

CHAMBERSBURG, Pa. -- Two Virginia men charged with raping a fellow Penn State Mont Alto student waived their preliminary hearings Tuesday in Franklin County Central Court.

Eddy J. Barahona, 21, of Ashburn, Va., and Lambert L. Foinchas, 19, of Dumfries, Va., were scheduled for mandatory arraignment in Franklin County Court on July 30, according to the District Attorney's Office.

Barahona is charged with two counts each of rape, sexual assault and indecent assault, as well as criminal conspiracy to commit rape and criminal conspiracy to commit sexual assault, according to the criminal complaint. Pennsylvania State Police said the incident took place at his residence in Mont Alto on the night of Feb. 8 or morning of Feb. 9.

Foinchas is charged with one count each of rape, sexual assault, indecent assault, criminal conspiracy to commit rape and criminal conspiracy to commit sexual assault.

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The woman was interviewed by police on March 4, the affidavit stated.

This is the second time Barahona has been charged with raping a Mont Alto student. After a May 13 preliminary hearing, he was ordered bound over for court on charges that he raped a student in a bathroom during a November 2007 party in his dormitory room, according to court documents.

The woman in that case did not tell police about the assault for several months, testifying at the preliminary hearing that she did so only after other students came forward with similar stories.

In the February incident, police said another female student went to Barahona's room, where he and Foinchas were playing a drinking game. The woman told police she recalled playing the game and having three shots of Bacardi 151.

The woman told police she could remember throwing up in a shower and waking up in Barahona's bed, the affidavit of probable cause stated.

After she left, Foinchas called her and asked her if she was all right, police said. Foinchas then told her that he and Barahona had sexual intercourse with her during the night, according to the affidavit.

Another male student who was in Barahona's room part of the evening told police that Barahona said he intended to have sex with the woman, police said. That student told police that Barahona talked about getting women drunk and having sex with them.

Statements Barahona and Foinchas made to police on March 5 indicated the sex was consensual, according to the affidavit.

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