Tonawanda News


October 24, 2013

Teen testifies against stepfather


Tonawanda News — As with the rest of her testimony, the girl struggled with testifying about the sexual abuse.

Eventually, amid tears, the girl testified that McNamara attempted to rape her.

“I didn’t know what to do,” he said. 

Despite the girl’s testimony, defense attorney Robert Berkun has argued that there is no physical evidence tying McNamara to the crimes. There is also no eyewitness testimony, and the teen’s sister, who was in the room for most of the alleged abuse, never heard anything suspicious.

“The (victim’s) story is a fantasy, it’s inconceivable,” he said during opening statements Tuesday.  

No child pornography was found on the defendant’s computer and the vibrator was never found. A physical examination of the girl also showed no bruising or forced sexual contact. Sheets from the girls bed tested negative for semen, but the girl testified Wednesday that when McNamara ejaculated, he did so in his hand, and not on the bed.

Berkun has attributed the girl’s story to an underlying problem. 

“We do know that she started asking about her biological father right around the time when the allegations were alleged to take place,” Berkun said. “Her mother ignored her requests. She also saw her guidance counselor at school 10-12 times during her seventh grade year and never once mentioned any alleged abuse.”

Contact reporter Jessica Bagley at 693-1000 ext. 4150, or follow her on Twitter @JessicaLBagley.

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