A Greensburg man serving a 12-year prison sentence for the rape of an unconscious woman claims he should receive a new trial.
Benjamin Melvin Davis, 22, in an appeal filed Friday, argued that evidence presented at his June trial did not support the guilty verdict.
“… In particular, the credibility of the witnesses demands that a new trial be granted as the verdict was against the weight of the evidence,” wrote defense attorney Michael DeMatt.
A jury in June found Davis guilty of rape and conspiracy charges. Two women testified at trial they were sexually assaulted Jan. 18, 2018, by two friends who they took to their Greensburg home to smoke marijuana and socialize.
One woman testified she fell asleep and awoke to find Davis and another man, Levi Evans, 22, forcing themselves on her. Both she and the second woman testified at trial they felt paralyzed and unable to move before the one of the women was able to fend off her attackers.
This month, Westmoreland County Common Pleas Court Judge Christopher Feliciani sentenced Davis to serve 6 to 12 years in prison.
Evans, 22, of Greensburg, is awaiting trial for rape and other offenses. His trial is scheduled to begin in October.
