Lawyer Seeks New Trial in Assault of Girl at Veterans Stadium
by KYW's John McDevitt
The Pennsylvania Supreme Court is hearing arguments on granting a new trial against the Phillies and two boys in an assault of a child outside Veterans Stadium seven years ago.
The jury in a 2005 civil trial found the boys did not commit rape and the Phillies were not negligent. The teens, who were concession stand vendors, used a defense that the 11-year-old girl gave consent to the sexual activity and contended there was no penetration.
But attorney Alan Schwartz says is arguing in court that the girl was raped and the previous trial had numerous errors:
"An eleven-year-old as it relates with sexual touching is taboo. They don't have the comprehension or concept of sex, its implications, and that applies in consensual or non-consensual situations."
Also Schwartz say the Phillies are being sued because they made no attempt to help the girl find her adult companion. He says they became separated after the game and the child was wondering around in the parking lot looking for the car when she encountered the boys.
by KYW's John McDevitt
The Pennsylvania Supreme Court is hearing arguments on granting a new trial against the Phillies and two boys in an assault of a child outside Veterans Stadium seven years ago.
The jury in a 2005 civil trial found the boys did not commit rape and the Phillies were not negligent. The teens, who were concession stand vendors, used a defense that the 11-year-old girl gave consent to the sexual activity and contended there was no penetration.
But attorney Alan Schwartz says is arguing in court that the girl was raped and the previous trial had numerous errors:
"An eleven-year-old as it relates with sexual touching is taboo. They don't have the comprehension or concept of sex, its implications, and that applies in consensual or non-consensual situations."
Also Schwartz say the Phillies are being sued because they made no attempt to help the girl find her adult companion. He says they became separated after the game and the child was wondering around in the parking lot looking for the car when she encountered the boys.
