The rape victim who allegedly endured a violent assault at the hands of a former Anchorage public safety stalwart testified Thursday before a jury, more than two years after the crime. The woman, who was homeless at the time, and told the court she still is, said she simply wanted a ride.
Alaska Dispatch has chosen not to identify the alleged victim, and for the purposes of this story will refer to the woman as Ashley.
The state accuses Dwight "Sam" O'Connor of driving Ashley to his industrial worksite trailer, instead of her desired destination, and then abusing her sexually and physically. O'Connor had been out drinking and could not perform to his liking, said prosecutor Jenna Gruenstein.
O'Connor repeatedly stated "I'm not done with you yet," Ashley testified. The accused man allegedly shouted sexually violent remarks when he became frustrated.
The state stuck closely to the woman's account: On July 21, 2011, after a night of drinks and failing to find a safe place to sleep, Ashley walked out of the Penland Park mobile home park onto the parkway of the same name. She stuck out her thumb for a ride and O'Connor picked her up. Ashley's memory is fuzzy from passenger seat to the work trailer, but she said the next thing she remembers is coming to as O'Connor raped her.
Defense attorney Brandon Kelley argued the sexual encounter was consensual, initially prompted by advances made by Ashley. O'Connor admittedly could not sexually perform so, Kelley said, he stopped, got dressed and parted ways with Ashley. Kelley contends the alleged victim may have been frustrated by what transpired and decided to pin O'Connor with a rape charge.
The allegations against O'Connor surprised many Anchorage residents, including those in municipal government. "Sam" had been involved in crime prevention since the late 1970s, according to the municipality's profile of O'Connor, which is still posted on the Public Safety Advisory Commission website. For more than a decade, he'd worked with local community watches, maintained membership in Mothers Against Drunk Driving and attended community council meetings. He resigned from his community service positions shortly after admitting having sex with Ashley.
Appearing in court out of custody, in plain clothes, O'Connor said nothing during the hearing. He nodded yes when Superior Court Judge Kevin Saxby asked if he understood his right to remain silent during trial.
He was too strong. I was too weak.
O'Connor had gone out with his wife earlier on the night of the alleged rape. But he decided he wasn't done and went back out alone to the Time Out Lounge, continuing to drink and even sing karaoke, Gruenstein said.
He left at bar break and picked up Ashley in front of Northway Mall, across the street from the trailer park, which was nowhere near the man's home, the prosecutor said. The driver and passenger somehow ended up inside a fenced-off construction yard on Hoyt Street.
Ashley has a gap in her memory from O'Connor unlocking the construction gate to waking up with the man on top of her, Gruenstein said. Ashley testified she drank six rum and Cokes at two different bars.
Ashley, an older woman, told the court she didn't have a drinking problem, though at the time of the alleged assault was attending Alcoholics Anonymous meetings. She said she gravitates toward the bottle when she misses her kids, a sentiment she repeated during Thursday's hearing without being asked.
Stop. Get off me. No. Those were the words Ashley uttered as she struggled against O'Connor, Gruenstein said. At one point, O'Connor forced the woman to perform oral sex, she said. He also allegedly put pressure on her neck.
Ashley testified she remembers initially attempting to fight the assailant off but reconsidered resisting as she feared for her life.
"He was too strong. I was too weak," Ashley said after demonstrating that O'Connor had allegedly put his hands around her neck and pulled her hair. She only took questions from the state Thursday, as the hearing ran out of time.
Eventually, Gruenstein said, the assault stopped, and O'Connor finally took Ashley to her friend's place. Ashley immediately called 911, she said. She underwent a rape exam that same night. The prosecutor said examiners found bruising around Ashley's genitals.
When police questioned O'Connor about the alleged rape, he at first denied bringing the woman to his worksite or having sex. He later changed his story and admitted both but said it wasn't rape.
Its that embarrassing
Kelley, the defense attorney, glanced at his client before saying, "It's that embarrassing."
Those were allegedly the words O'Connor murmured when he handed over the sheets from the work trailer's bed and came clean about having sex with Ashley.
"He was stupid. He had strayed. He was stubborn. But he didn't rape anyone that night," Kelley said.
After a night out, O'Connor did not want to go home and face his wife -- "face the music." He drove around aimlessly and eventually found Ashley. She was in a similar frame of mind; she wasn't ready for the night to end, Kelley argued.
Kelley infused O'Connor's past reputation into the defense's argument. His client spent years trying to "clean the streets" in various ways, and that included giving people rides. "That was his persona. Public safety," he said.
The defense argued O'Connor originally took Ashley to her friend's house, but the woman suggested prolonging their time in each other's company. Following a short cruise and idle conversation, Ashley began rubbing O'Connor's leg; O'Connor began rubbing the woman's back.
Things escalated and the two found themselves inside the trailer, but it was just not working; O'Connor stopped and decided it was time to go home, Kelley said.
It took Ashley 15 minutes to call the cops from the time she was dropped off, according to the defense. She called STAR -- Standing Together Against Rape -- then the non-emergency police line, and finally 911, he said.
As for O'Connor's attempted cover-up, his client was embarrassed and didn't handle the aftermath well. Police repeatedly probed O'Connor, Kelley said, suggesting that maybe it was a case of prostitution. He said no. The cops then continued to try and get a confession for the alleged sexual assault, which he did not give.
"He may be a lot of things, but he's not a rapist," Kelley said.
The case will continue Monday with the defense cross-examining Ashley.
Contact Jerzy Shedlock at jerzy(at)alaskadispatch.com. Follow him on Twitter @jerzyms.