Jury takes little time convicting legless Derry Township man for rape
By Rich Cholodofsky
TRIBUNE-REVIEW
Friday, October 8, 2010
Last updated: 8:14 am
A Westmoreland County jury deliberated just 55 minutes Thursday afternoon before convicting a legless Derry Township man of rape and sexual assault for repeatedly molesting a teenage girl for more than 10 years.
Marc A. Barger Sr., 39, was found guilty after a three-day trial in which the prosecution presented evidence that he raped the now 18-year-old girl before and after he had his legs amputated following a 2005 accident.
The victim testified that Barger forced himself on her repeatedly since she was five years old. She said she went to the hospital after the last sexual assault on Dec. 10, 2007, and reported that incident to police.
Her clothing collected at the hospital that night was tested, and prosecution witnesses testified during the trial that they found genetic materials on those items that were consistent with Barger's DNA.
Barger did not testify during the trial. His defense lawyer, public defender John Sweeney, told jurors that Barger was being set up by the accuser.
During the trial, Sweeney said there was not enough evidence for the jury to find that Barger raped the young woman and that the genetic material found could be linked to other male members of the Barger family.
"That's reasonable doubt," Sweeney said.
Assistant District Attorney Judy Petrush said yesterday that Barger faces a minimum sentence of at least 10 years in prison.
Barger, who uses a wheelchair, will be formally sentenced in about three months by Westmoreland County Judge Debra Pezze.
Pezze yesterday revoked Barger's bond and ordered that he await his sentencing hearing in jail.