Two key witnesses in the state's rape case against Davon Perry testified Wednesday that the defendant was in the room with the teenage girl he is charged with attacking, but they told the court different versions of events that occurred that Saturday night at a Woodlawn roller rink.
The 13-year-old girl and 16-year-old Tracey W. Hankins gave different accounts of how they ended up in a dark storage room at Skateworks. However, both said that Perry — the Baltimore County man being tried on several charges, including first-degree rape and first-degree sex offenses — was in the room with the 13-year-old on the night of Aug. 14, 2010.
She claims she was assaulted by three males: Perry, who is 26 years old, Hankins, and Kadeem R. Santiful, 19.
The girl, who is from Baltimore City, acknowledged under questioning by Perry's lawyer, Roland Brown, that the room was illuminated only by light coming in under the door, and that she was not facing the door when she said Perry entered the room. She insisted, however, that Perry, whom she referred to as "the tall one," was the third male who assaulted her in the room that night.
"Are you absolutely certain you know who the 'tall one' was?" asked Assistant State's Attorney Stephanie Porter.
"Yes," said the girl, who had just turned 12 when the incident occurred. Then, for the second time in the trial, she pointed out the "tall one" as Perry, seated next to Brown at the defense table as the third male involved in the assaults.
The Baltimore Sun's policy in sex crime cases is not to name the person who claims to be the victim.
Hankins, who was 15 when the incident occurred, was originally charged as an adult. Months later, according to testimony on Wednesday, his case was moved to the juvenile system after he agreed to make statements to the Baltimore County state's attorney's office. He told the court he is now in 10th grade at a local high school.
Santiful, who was 17 when he was charged as an adult, pleaded guilty last spring to a second-degree sex offense and is scheduled to be sentenced this month.
Hankins said he and the girl had talked on two occasions at Skateworks that night, and on the second occasion he asked her to have sex with him.
Hankins testified that he went into the storage room with the girl alone, and he described their sexual activity that night as consensual. He said he put his arm around her and, without resisting, she walked with him into the room. He said both Santiful and Perry came into the room while he was having sex with the girl, and he left shortly after.
The girl testified that she had never talked with Hankins before he asked her to have sex that night and she refused. She said he grabbed her from behind in a hallway, put his hands on both her shoulders and pushed her into the dark room. She said she tried to "shift" away from him and shake his hands loose.
"I didn't go by choice," said the girl. She told the court that she did not recall crying out for help, and said she did not try to get out of the room. She said the males did not threaten to harm her if she tried to leave.
In questioning the girl, Brown asked her several times to confirm that "it was dark, things were moving fast," and she did. He tried to cast doubt on whether she could have identified Perry.
In his opening statement Tuesday afternoon, Brown told the jury that investigators examining the girl's clothing and body that night found DNA evidence from Santiful and from Hankins, but not from Perry.
Prosecutors have said they would present evidence explaining the absence of DNA.Copyright © 2015, The Baltimore Sun