A former county police sergeant is free on $70,000 bond while awaiting sentencing after he was convicted Thursday of raping and battering a Caroline County woman in December 1995 while he was moonlighting as a security guard at the Annapolis shopping center where she worked.
Howard County Circuit Judge Diane O. Leasure agreed with defense lawyer T. Joseph Touhey, who argued that his client "has substantial ties to the community and his family" and was not likely to flee.
The jury of nine men and three women deliberated for 10 hours before convicting Michael Dennis Feeney, 45, who was on the force for 17 years, of second-degree rape, assault with intent to rape, and battery. He could face more than 35 years in prison when he is sentenced in June.
Feeney was acquitted of first-degree rape, first-, second- and third-degree sex offenses, sodomy and other charges.
Feeney, of the 2600 block of Kresson Place in Bowie, was convicted last year of attempting to sexually assault an employee of a Parole Plaza Rite Aid drugstore Dec. 12, 1995. He was sentenced to 18 months in prison but remains free on personal recognizance pending an appeal.
The victim in the recent case was a clerk at the same drugstore. The trial was moved to Howard County because of publicity in Anne Arundel.
Assistant State's Attorney Kathleen Rogers asked Leasure to revoke Feeney's bail, but Touhey told the judge that Feeney had never missed a court date.
Feeney showed no emotion as the jury foreman read the verdict. His sister, sitting in the row behind him, choked back tears.
"We're sure that the jury reached a proper decision," Rogers yelled over her shoulder as she walked from the courthouse while detectives who investigated the case congratulated her.
Touhey said that he was disappointed and that he plans to appeal.
"It's apparent that they didn't buy half of what [the victim] said," he said. "But guilty of anything is not what we wanted."
In closing arguments, the prosecution and the defense told the jury to look at inconsistencies.
L Rogers ridiculed Feeney's claim that the sex was consensual.
"We know that [the 40-year-old victim] was not attracted to men," Rogers said. "She was a homosexual."
Rogers noted that although Feeney told the jury the store was busy Dec. 9, 1995, the day of the assault, no one was at the woman's register for the 90 minutes they talked and no one noticed the back rub he said she gave him.
Touhey reminded the jury of the woman's history of prescription drug abuse and a suicide attempt two months before the attack and said credibility was the key issue.
Pub Date: 4/13/97