CLEARFIELD – While the man accused of raping a girl in June 2009 took the stand in his own defense, a number of other people were also called to testify.
Eric Queen is on trial for allegedly molesting a girl in his home on June 14, 2009.
Prior to testimony, Clearfield County District Attorney William A. Shaw Jr. made a motion for the court to take judicial notice of seven court dockets filed by the defense asking for continuances from March 9, 2010 through April 6, 2011. Shaw argued that in their opening, the defense made it an issue that the case had gone on 26 months before coming to trial. Defense attorney Philip Masorti told the Honorable Judge Paul E. Cherry that the commonwealth did not oppose the requests. After a little more argument from both sides, Cherry granted the motion.
Licensed social worker Brenda Manno was the first called to the stand Tuesday. She testified that she interviewed the alleged victim in the case in July 2009. She said the girl related what allegedly happened at the Queen residence on June 14, 2009. The girl told her that Queen’s wife went to work and that she was watching television in bed at the Queen residence. She said she asked for a snack, and that Queen asked her, “If you get a treat, what do i get?”
Manno said the girl said after the snack, Queen went to the closet and removed his clothes. She said the girl told her that Queen took his underwear off before getting into bed. She told her that her underwear came off, and that Queen touched her privates outside and inside with his tongue.
Manno said the girl appeared upset at times during the disclosure. She said the girl told her she had a hard time sleeping and that she was scared.
Also called to testify was Tpr. Terry Jordan of the Pennsylvania State Police.
He testified that on June 15, 2009 he was called for an alleged sexual assault victim at Clearfield Hospital. He said he spoke with the girl’s mother and eventually interviewed the girl. He said she told him that Queen licked her private area and that he touched her inside and her bum.
Jordan said after the interview, he was provided with a completed sexual assault kit, which was taken to the Clearfield barracks before being sent to the Erie Regional Crime Lab. He also said that around 9 a.m. on June 15 Queen came in for an interview. He said during the interview it was established that Queen and the alleged victim were the only two at the house when the alleged incident occurred.
He said that Queen told him that there was a party at the house earlier that day, the girl requested to stay, and that his wife was working that evening. He said Queen told him that the girl requested a snack, and that he gave her cookies and chips becauase he didn’t have milk. He said Queen told Jordan that the girl spilled milk or treats in the bed. He said Queen told him he cleaned up the mess. Jordan testified that Queen said the girl wanted to call her parents and that he overheard the sexual assault accusations.
“He had no idea why she would make these statements,” said Jordan.
The trooper said he was contacted by a forensic scientiest from the crime lab and afterward he got a warrant for a DNA swab. He said the next day, a patrol trooper went to the Clearfield Hospital emergency room for an attempted suicide victim: Eric Queen.
Under cross, Masorti questioned Jordan as to why he did not take clothing samples or fingernail clippings. Masorti asked Jordan, who, at the time had been a criminal investigator for about 2years at the time of the alleged incident if he would have done anything differently now. Jordan said no. Masorti asked him if he would have gotten fingernail clippings. Jordan testified that it wouldn’t have proved or disproved the allegations.
Under redirect, he explained that last statement further. There was some testimony that Queen was in contact with the alleged victim throughout the day. Jordan said he would expect to find her DNA on Queen’s fingers.
“She had basic contact with him that day,” said Jordan.
Also testifying was Paula Queen, Eric Queen’s wife. She testified on behalf of the defense after the prosecution closed. Paula Queen testified that during their marriage children came to their house for picnics and parties. She testified that there was no child porn in the house, nor any other kind of pornography.
She also testified as to June 14, 2009. Her testimony was similar to what others testified to; there was a party, kids, family and friends were there swimming, the alleged victim had asked to spend the night, Paula Queen was called into work, her husband agreed to watch the girl.
Paula Queen testified that she called her husband, as she does each night when she works, and said that during the phone call, the alleged victim spilled milk on the bed. She said that food and drinks were not allowed in their room, as the mattress was expensive. She said she yelled at the girl, and that she told her husband to clean it up. She said her husband called her back shortly to tell her the mess was clean. She then testified that he called her again to tell her that the girl told her parents that he touched her innappropriately.
She stated that when she left work she came home and they went to the state police barracks.
She was asked by Masorti what her husband was going through during this time.
“He was depressed,” she answered.
She also testified about the sheets on the bed. She stated that she took the sheets off and placed them in a plastic bag. She said as a nurse, she figured investigators would want to see them.
Under cross she was asked about her relationship with the girl. She stated they got along well and that the girl was not afraid of her. Shaw asked her if she “let her have it” for having food in the bed.
“I didn’t let her have it,” said Paula Queen. She also stated that her tone was as it was when she answered questions in the courtroom; normal.
Also testifying was Dr. Jason D. Rowles and over 20 character witnesses. The character witnesses testified as to what they heard in the community regarding his reputation as an honest and trusted caregiver. The witnesses consisted of family and friends; some of the testimony was stricken, while the rest was admitted.