Tonawanda News — “The defendant was now embolden to take this further,” Zucco said, describing in graphic detail how McNamara allegedly performed oral sex on the alleged victim and tried to have her perform oral sex on him.
According to Zucco, the attempted rape charge came after alleged encounters in January.
The endangering the welfare of a child charge stemmed from the alleged purchase and use of an artificial sexual device.
“The (victim) eventually decided to tell someone about the abuse after the attempted sexual intercourse,” Zucco said.
The prosecution will call the school guidance counselor, police Detective Lt. Karen Smith, the girl’s mother and two expert’s in child sexual abuse to testify. The victim is expected to face her alleged abuser in court and testify Wednesday.
According to the prosecution, the girl’s mother tried to assist in the investigation by providing bed sheets and computers to the police to test for evidence. The bed sheets tested negative for semen and no child pornography was found on the defendant’s computer, Zucco stated.
But he added that the lack of evidence only corroborates her story because no one ever accused McNamara of having child pornography and illustrates the type of alleged abuse.
The defense contends that McNamara is not guilty, pointing to the lack of physical evidence or eyewitness testimony to corroborate the victim’s claims of sexual abuse.
“Obviously these charges are very serious,” Berkun said in the defense’s opening statement.
“The (victim’s) story is a fantasy, it’s inconceivable. Mr. Zucco made a tremendous amount of excuses as to why there is no physical evidence in this case. That’s because it didn’t happen.”
Berkun said the alleged victim told police the abuse took place over 250 times, yet no other members of the household heard or saw anything.