Tonawanda News

Local News

October 30, 2013

Hung jury declared in McNamara trial

(Continued)

Tonawanda News — The victim also changed her story on the stand, Berkun said. During direct questioning, she said she was abused almost every night for 18 months, but upon cross examination, said the abuse only happened between 18 and 23 times.

“There is so much reasonable doubt in this case, so many contradictions,” Berkun said Tuesday.

But Assistant District Attorney Robert Zucco, who prosecuted the case, argued that McNamara had time alone in the home after the victim went to police to hide the vibrator. He was also responsible for updating the family’s phones, and could have installed the apps himself.

Zucco also pointed to medical professionals’ testimony, which indicated that the girl could have been abused despite a lack of physical harm or evidence. The girl, who mumbled often during her testimony, was uncomfortable and had a hard time speaking due to the nature of her testimony, not because she was lying, Zucco said.

“Is it easy to talk about the first time you were sexually active?” he asked the jury during closing arguments. “Is it easy for a 14-year-old to talk about?”

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