GREENSBURG: A Westmoreland County woman testified at a preliminary hearing Thursday she was raped in a southwest Greensburg home by her former boyfriend, a man who is awaiting retrial in a 1999 murder in New Kensington.
The 20-year-old woman testified before District Justice James Albert that she repeatedly told the suspect, Denard T. Galloway, 37, of Morningside Avenue, Pittsburgh, to stop his sexual advances, and she tried to push him away during the alleged assault Oct. 16.
After listening to about 40 minutes of testimony from the woman, Albert ordered Galloway held for trial in Westmoreland County Court on charges of rape, sexual assault, simple assault and three counts of indecent assault. Albert increased Galloway's bail from $10,000 to $100,000 cash, and the suspect was returned to the county prison.
Albert, who had set Galloway's bail at $10,000 during an arraignment Oct. 23, said he was not aware of Galloway's prior criminal record at that time. Galloway posted the $10,000 bail on the rape charge, but was arrested later that day on a bench warrant issued by county Judge John Blahovec.
While testifying Thursday, the woman alleged that the sexual assault occurred in the kitchen of her mother's residence at about 3 a.m. She said Galloway came to the home at about 1 a.m. Oct. 16 to visit her.
The woman said Galloway is the father of her 4-year-old son and that she maintained a relationship with him after the child's birth, but broke it off about a year ago while he still was in prison.
The alleged sexual assault, according to the woman, occurred only two weeks after Galloway had been released from prison where he was being held on charges that he killed Terry Anderson of West Deer outside a New Kensington tavern in February 1999.
The woman said Galloway pulled her by the hair from the living room, where they were sitting, to the kitchen, where the assault allegedly occurred. The victim said she did not yell to alert family members and friends who were in the living room and on the second floor because she was afraid of Galloway.
"I asked nobody for help," the victim said under cross-examination by defense attorney Emily Smarto.
The victim alleged that Galloway told her during the assault that he "wanted to put a baby girl inside of me." But the victim said she is five months pregnant by another man.
Smarto argued that the rape charge should be dropped because there was no evidence of a threat or force used in the incident.
Assistant District Attorney Judy Petrush said after the hearing that the victim is not under any obligation to fight or put up a struggle in a sexual assault.
