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Man found guilty in domestic violence case

3 min read
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A Washington County man was found guilty Friday of raping and beating his former girlfriend in December 2012 after luring her into the apartment they sometimes shared.

John D. Yocolano II, 33, sobbed as guilty verdicts on all 13 charges, including rape and kidnapping, were announced in Washington County Court before Judge John DiSalle.

The verdict prompted Yocolano’s family to shout, curse, scream and cry until five deputies restored order.

Amid the chaos, the victim, huddled in the front row with her family, quietly shed tears.

Assistant District Attorney Kristin Clingerman said the jury reached the proper verdict.

“I think they absolutely came to the right decision. They worked hard and were diligent in studying the evidence,” said Clingerman.

The jury of six men and six women deliberated for about seven hours before reaching a verdict.

Both the defense and the prosecution agreed to rest their cases shortly before 11 a.m. Yocolano, who was expected to take the stand in his defense, did not. His attorney, Neil Marcus, told the court in his closing arguments that Yocolano did not testify because the district attorney’s office failed to show beyond a reasonable doubt that he was guilty.

He said he was shocked that the jury found Yocolano guilty.

“We’re shocked, we’re disappointed and we will be filing an appeal,” said Marcus. “I feel there were key pieces of evidence the court unfortunately excluded that would have surely convinced the jury of his innocence, although we thought he would have been found innocent despite the evidence that was excluded.”

Marcus said the victim, a 23-year-old Monongahela woman, lied about the incident so she could get sole custody of their son. He said the sexual contact was consensual.

The woman claims on the evening of Dec. 6, 2012, Yocolano lured her to the apartment they shared with her son, tricked her into coming upstairs, locked her in and assaulted and raped her. She said she was able to escape when a friend came to the door looking for her.

The prosecution showed the jury photos of bruises and marks on the woman’s arms, neck and legs. Marcus claims the injuries were self-inflicted.

The woman testified Tuesday that Yocolano abused and manipulated her in the past. The pair were briefly engaged and filed for a marriage license before their relationship ended in summer 2011. They were involved in a custody dispute, and the woman had filed for a protection-from-abuse order prior to the Dec. 6, 2012, incident. They had briefly reconciled before the incident, and the woman had filed a petition to withdraw the PFA the morning of Dec. 6.

Marcus also claims the victim lied on the stand to get the jury’s sympathy.

Clingerman said the woman endured years of progressive abuse in hopes of having a normal family.

“If she had stayed with him, she probably would have died,” Clingerman told the court.

Clingerman scoffed at the idea that the woman lodged her allegations to get sole custody of their child.

“She voluntarily gave John visitation. It doesn’t make sense to say she did this to keep the child from him,” she said in her closing arguments.

Yocolano is being held in Washington County jail awaiting sentencing within 90 days.

Staff writer Karen Mansfield contributed to this report.

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