WILKES-BARRE – A woman who said she was raped outside a city tavern has suffered from anxiety and depression and is mentally incapable of testifying against her alleged assailant, attorneys say.
The attorneys for suspect Daryl Boich filed court papers asking for the woman to undergo a psychiatric evaluation to determine her competency and whether she is able to testify at the upcoming trial.
Or, attorneys Al Flora Jr. and Joseph Nocito said, they at least want the jury to hear about the woman’s mental issues, which may have affected her ability to remember the events of the night in question.
The attorneys say the exam is warranted because:
• the woman became intoxicated after consuming mixed drinks, beer, wine, and shots and had taken a number of medications the day of the alleged rape;
• the woman was being treated for anxiety and depression at the time;
• the woman, at a preliminary hearing on the charges, could not recall dozens of specific facts about the incident.
The attorneys also said the woman had “history of exaggerating intimate physical contacts with prior boyfriends resulting in false allegations of physical abuse, is hot tempered and appears emotionally unstable during periods of intimacy.”
Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. will hear testimony on the issue today.
Boich, 39, of Church Road in Mountain Top, was charged with rape, involuntary deviate sexual intercourse, and sexual assault after an Oct. 14 incident outside the former Murray’s Inn on South Pennsylvania Avenue.
The woman said she was at the tavern dancing with friends when she noticed Boich standing near her. She approached him and began flirting with him.
The woman had said she became drunk and couldn’t remember much of her conversation with Boich.
But at one point, he offered her a ride. She accepted and hoped to get his phone number.
Boich drove to a secluded part of the parking lot where the woman consensually French-kissed him before Boich became “grabby,” forced her to perform oral sex on him, and then ripped her pants off and raped her on the hood of his Mercedes-Benz, she said.
Carol Crane, a spokeswoman for District Attorney David Lupas, could not be reached Wednesday.