Attorney says alleged rape victim tried to extort his client
The attorney for accused rapist Jerry E. Daniels, claims Daniels is the victim of an extortion scheme perpetrated by the alleged victim.
At Daniels’ preliminary hearing March 17, his attorney, Paul Croley Jr. produced a copy of a text message from the cell phone belonging to the woman Daniels is accused of raping. In the message, dated March 1, the sender told Daniels she had gone to the hospital the night before and a rape kit showed signs of male penetration and bruising in her pubic region. The sender told Daniels there is a witness that will testify that Daniels was the perpetrator, but for $500 and a promise to stay out of their lives, Daniels’ name would be kept out of the matter.
Earlier in her testimony, the victim noted Daniels, whom she described as a friend, had taken in her and a girlfriend when they were asked to move from their last residence. The victim added Daniels, who worked as a cable television installer, regularly left them money. However, he had turned down a recent request for $65.
"It is clear what is going on here," Croley said in his closing statement. "They were upset because Jerry wouldn’t give them money. When the money ran out, they came up with allegations of sexual abuse."
The victim and her girlfriend both denied sending the message and claimed they did not know who was responsible for it.
Under direct examination by County Attorney Paul Winchester, the victim said she and her girlfriend had been sharing the bedroom at Daniels’ apartment while he slept on the couch in the living room. About 11 p.m. March 1, when the victim’s girlfriend went out to get a soft drink, she said Daniels came into the bedroom and forced himself upon her.
"I woke up and Jerry was crawling on the bed," the victim testified. "I didn’t think anything about it until he got real aggressive."
The victim said she tried to fight Daniels off, but he tore her clothes off, cornered her against the wall and had intercourse with her.
"He overpowered me," she said.
When the victim’s girlfriend returned, she said Daniels was pulling up the pajama pants he had been wearing. The women packed their belongings and left, calling a friend, who came and picked them up.
After speaking with Corbin Police Sgt. Bill Rose, a warrant was issued for Daniels’ arrest. On March 4, Daniels, who had reportedly moved to Hazard, turned himself in to police after learning a warrant had been issued for his arrest.
Daniels was charged with one count of first-degree rape.
District Court Judge Cathy Prewitt found probable cause to send the case to a grand jury.
Officials at Commonwealth Attorney Allen Trimble’s office said while the grand jury will not hear the tape of the testimony from the preliminary hearing, nor will Croley be permitted to question the witnesses again before the grand jury, Trimble will have a copy of the text message and can allow the grand jury to see it.
The Whitley County Grand Jury is scheduled to hear cases April 5 and will return indictments April 12.




