PA- Rape suspect says penis cast would acquit him

6-16-2008 Pennsylvania:

Too big? Lawyer calls Lansdale man 'freak,' says girl's injuries don't match.

The attorney representing a Lansdale man in a high-profile rape case wants a mold made of his client's penis to prove to jurors that he couldn't have committed the crime.

Attorney Marvin Gold wants Montgomery County prison officials to give Ronald A. McDade, 33, the privacy and a special kit to make a cast of his genitalia before he's tried on charges that he raped a 13-year-old girl in January.

Gold said McDade's accuser didn't suffer injuries consistent with someone who had been assaulted by his client, whom he described as a ''freak of nature'' who is ''extraordinarily large.''

Assistant District Attorney Todd Stephens called the request an outlandish attempt to create a sideshow.

''I've never once seen a request as ridiculous as this,'' said Stephens, who has prosecuted sex crimes for seven years in Montgomery County. ''This isn't Hollywood. This is a courtroom. And we do things based upon facts and medical evidence, not off-the-cuff suggestions by defense attorneys.''

Stephens filed papers in Montgomery County Court this week to block the request, saying it ''makes a mockery of the court.''

McDade has been held in Montgomery County Prison without bail since January when Lansdale police charged him with raping the girl in the hallway of a borough apartment during the girl's overnight stay with a friend in January.

McDade has denied the allegations.

The alleged assault took place while McDade, who shared the apartment with his fiancee and her daughter, was out on bail and awaiting a court date on charges that he tried to lure a young girl into his car last year.

Gold said he came up with the idea for the mold on his own after learning about the extent of the girl's injuries. He said they weren't as serious as one would expect.

Gold said he plans to show the mold to the jury to bolster his case that the girl should have had more injuries.

Stephens said he's unaware of any medical experts who would testify that every rape victim suffers injuries.

The girl testified at a January preliminary hearing that she sprained her ankle Jan. 19 while trying to roll herself over to get away from McDade, who was on top of her and holding her down. She also suffered a bruise on her shin, according to court records.

She said the assault happened after she and her friend shared a half bottle of rum on Jan. 19 at McDade's apartment. She said she was ''dizzy'' from the alcohol and lying in the hallway near McDade's room when he came out of the room and began assaulting her while her friend was on a computer in another room.

After the assault, McDade ''kissed me, told me he loved me, picked me up and walked me over to the couch,'' the girl said.

She said that the next morning McDade told her, ''I'm sorry for what happened. Let's forget about it. Thanks for being my friend. I won't tell anybody if you won't.''

Gold initially received permission from Judge Paul W. Tressler to take a camera and yard stick into prison to photograph his client.

''While I was in the process of making arrangements, it occurred to me, wouldn't it be better if I had a three-dimensional, life-size casting?'' Gold said.

The prison refused to comply with the request, and on Thursday Stephens filed a motion opposing it as well.

McDade is charged with rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault, indecent exposure, corruption of a minor and unlawful contact with a minor.

At the time of his arrest he had been out on bail awaiting a court date on charges that he tried to lure a 15-year-old girl into his car at a Towamencin Township shopping center on Sept. 19, 2007, according to police. Authorities said they later determined McDade was wanted in an indecent exposure incident at a Montgomery Township store earlier that day. He was charged with indecent exposure and open lewdness in that case.

Stephens said Tressler has not yet ruled on whether to consolidate all three cases for trial.

Gold said McDade is ''embarrassed'' about the possibility of having to get a mold of himself, but ''he doesn't want to spend the rest of his life in prison.''

''I've been a lawyer for 33 years,'' Gold said. ''I can't let embarrassment or discomfort factor into what I do. For me, it didn't matter if it was his toe or his finger.

''I hope everyone can be mature enough to get by this.'' ..News Source.. by Patrick Lester | Of The Morning Call