Alleged victim asked why she never called 911 in restaurant owner's rape trial


HERKIMER, N.Y. (WKTV) - Two days after a mistrial was almost declared, the trial of Isidoro Marra continued in Herkimer County Court.

Marra is accused of raping a woman who had dinner at his restaurant and then fell asleep on a coach at his bed and breakfast.

In court on Thursday, the alleged victim was grilled by the defense, who asked her why she did not call 911 if she was raped. The defense asked why she instead kept trying to call her ex-boyfriend, who was said to have left her at the Villa Isidoro on the night of September 26, 2009.

The alleged victim told the court she was in too much of a panic and was not thinking clearly that night.

The nurse who attended to the alleged victim then took the stand, testifying that she gave a head-to-toe examination in the morning hours of September 27, 2009. The nurse testified she also gave the alleged victim many antibiotics, which is common in an alleged sexual assault complaint.

The nurse then was shown about a half dozen pictures of the alleged victim and bruises on her body. During cross examination, Marra's Attorney, George Aney, kept questioning whether or not some of the bruising could have been on her body prior to that night.

He also asked the nurse if she ever asked the alleged victim how she got the bruises or if she was involved in any other physical altercation prior to arriving at the hospital.

The nurse said "NO" to both questions.

The alleged victim's boyfriend is scheduled to take the stand Thursday afternoon.

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