CLINTON — The state has rested its case against a Clinton man accused of sex abuse in connection with a teenager’s claim that she was attacked last year in Clinton’s Eagle Point Park.

Today, Robert Armstrong’s attorney, Jay Sommers, will begin presenting the defense’s case to the 12-person jury during the third day of Armstrong’s trial in Clinton County District Court.

By Tuesday afternoon, that jury so far had heard testimony from the alleged victim, two Clinton police officers, the commander of the Clinton Police Department’s criminal investigations division, a DNA analyst with the Iowa Division of Criminal Investigation, the Clinton police officer in charge of logging evidence at the police station, the family friend the teen first told of the alleged assault and the nurse and doctor who treated the teen, then 15, just hours after the alleged attack on Aug. 7, 2005.

Armstrong, 43, is charged with four counts of sex abuse in connection with the case; his brother, Michael W. Armstrong, pleaded guilty last month to two counts of sex abuse for his involvement and last week was sentenced to up to 15 years in prison — a sentence that includes a 10-year prison term and a five-year term that will be served consecutively.

The alleged victim has claimed she met up with the two brothers as she was in a hurry to get home in the late afternoon of Aug. 7, 2005.

She said she was near Hass market in the 100 block of South Second Street when the brothers agreed to give her a ride to her home six blocks away. She admitted on the witness stand that she barely knew one of the brothers and the other one she did not know at all.

She said the men drove her directly to Eagle Point Park in Clinton, stopping the car in view of the castle. They gave her beer and told her she could not go home until she completed a sex act with Robert. She said a chair was placed by the car and Robert leaned against her. The chair then tipped over. She says she tried to run away, and ran into the woods yelling for help. She has said she was dragged by the brothers, ended up on the ground, was pinned down by the brothers, forced to commit a sex act with Robert and then raped by Michael.

She said she left the park on foot and when she reached First Avenue and Third Street, she saw a van belonging to a man who had her baby-sit children in his care many times. They got into his van and she told him what happened. He drove her the three blocks to her home and the police were called. An ambulance was summoned to the scene and she was examined at the hospital.

Evidence collected at the scene included a torn condom, two condom wrappers, the teen’s underwear, beer cans and two different cigarette packages consistent with the brand of cigarettes the men smoke. A later search of the area produced a used condom, a condom box, an empty 18-pack carton of Busch Light and beer cans that were empty and had been tossed into the wooded area near the scene of the alleged attack.

On Tuesday, DCI Criminalist Erica Ng told the court DNA tests link Michael Armstrong to the crime; those tests included analyzing swabs taken at Mercy North Hospital the night of Aug. 7, 2005, and sent to the DCI. Tests on the girl’s underwear also showed Michael Armstrong’s DNA was on them. None of the evidence has contained DNA belonging to Robert Armstrong.

While defense witnesses have yet to take the stand, Clinton Police Capt. Randy Meier in testimony on Tuesday recalled his interview with Robert Armstrong on Aug. 8, 2005. He said Armstrong had been scheduled for an interview on Aug. 9 but came in a day earlier.

He said Robert had worked at McDonald’s from 7 a.m. to 3:15 p.m. on the day of the alleged attack. He then went home to call his brother in Mississippi, left the house to buy some beer and went to his mother’s home where he ran into Michael.

Robert agreed he was driving a car, that his brother was a passenger and that the two picked up the girl near Hass market after she flagged them down. She got into the back seat, Robert told Meier, and then pulled out some marijuana and rolled a large marijuana cigarette and smoked it.

He said the three ended up at the park, another marijuana cigarette was smoked and they drank. He said a chair was taken from the car and placed on the ground and that they sat in it. Meier said Robert described Michael and the girl as girlfriend and boyfriend and that they were “moochy-moochy” and hugging up to each other.

“He told me that he viewed Michael Armstrong as someone with power to pull women,” Meier said. “Michael was more of a playboy than he was.”

Meier said Robert told him Michael and the girl walked into the foliage and that he lost sight of them. Robert also was dealing with phone calls from his girlfriend, who wanted to know where he was. He said he wanted to leave, Meier recalled, and told the two others it was time to go. He even drove around the park and came back to them to show he was serious about leaving, Meier said. Robert told Meier the two got in and Robert then drove the teen home.

The court also heard from Larenzo Dodd, the first person the girl told about the alleged attack. Dodd testified the teen showed up at a house he was visiting and eventually told him about the attack and that she was “withdrawn and shaken.”

On cross examination by Sommers, Dodd said the teen was supposed to baby-sit for Dodd that afternoon but didn’t show up. He also said the girl told him she had been in the car with the two men and that they had been riding around and smoking marijuana.

The prosecution rested its case at 2:40 p.m. Tuesday. Sommers made a motion for acquittal, which was denied by Clinton County District Court Judge Gary McKenrick. The jury was dismissed for the day at 3 p.m. and will hear the defense’s arguments today.

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