Mt. Pleasant man acquitted of rape

A Westmoreland County jury Thursday acquitted a Mt. Pleasant man of rape charges.

After 2 1/2 hours of deliberations, the jury found Kenneth Brown, 39, not guilty of raping a woman he claimed he had frequent consensual sexual encounters with over a two-year period.

Brown was accused of raping the 42-year-old woman after choking her into unconsciousness. The woman claimed she and Brown agreed to have sexual relations at times without a romantic relationship.

The jury acquitted Brown of charges of rape of an unconscious victim, involuntary deviate sexual intercourse of an unconscious victim, aggravated indecent assault, various other assault offenses and making terrorist threats.

As part of the same verdict, the jury found Brown guilty of one misdemeanor charge of reckless endangerment of the woman by choking her during the sexual encounter.

Brown had been jailed since his arrest on Jan. 14 but was released on nominal bond yesterday by Westmoreland County Judge John Blahovec pending a sentencing hearing in October. At that time Brown likely will receive no additional jail time.

Assistant District Attorney Barbara Jollie said because Brown has no criminal record, he likely faces a standard sentence that includes probation. Brown faced a sentence of up to 10 years in prison if he had been convicted of the rape charge.

Jollie said she was disappointed by the verdict.

"This is the reason we have jury trials. Certainly I'm disappointed, but that's what they decided," Jollie said.

Defense attorney Scott Avolio said the verdict fit the facts presented at trial.

"From Mr. Brown's standpoint, he feels vindicated," Avolio said.

Brown's accuser told the jury during the first day of the two-day trial that she initially rejected his overtures for sex. Nevertheless, she claimed Brown choked her into unconsciousness and threatened her life if she told about the attack.

Evidence from a doctor presented during the prosecution's case revealed that the woman sought medical attention the day after her encounter with Brown and that she appeared to have injuries that were consistent with being "strangled."

Brown denied rape allegations and yesterday testified the encounter was typical of their rough sex play.

But under questioning from Jollie, Brown conceded that the woman did not asked to be choked.

"We wrestled around a bit, and I put her in a choke hold. She was liking it. She was laughing and she never passed out," Brown testified.