A Westmoreland County jury is expected to begin deliberations Thursday morning in the case of a Hempfield man accused of raping a woman with an intellectual disability in late 2022.
Dennis Hertzog, 58, is on trial on charges of rape, involuntary deviate sexual intercourse and aggravated indecent assault. The charges are in connection to allegations he had sexual relations with a 48-year-old woman who prosecutors contend was unable to consent.
The accuser testified Wednesday that Hertzog initiated sexual contact as many as four times in his Hempfield home while other occupants were not present. Hertzog denied the allegations during his testimony, telling jurors he believed the accuser’s family members concocted the claims as part of a scheme to claim her Social Security benefits.
Assistant District Attorney Aubri Swank, in her opening statement, described Hertzog as a predator.
“He took advantage of conditions and of a caregiver and violated her,” Swank said.
The accuser struggled to answer questions from the prosecutor and defense attorney, describing in vague terms how Hertzog initiated the contact. Her social worker from Westmoreland Case Management testified she believed the story enough to encourage the woman and her caregiver to report the conduct to police in January 2023.
Defense attorney Pat Thomassey told jurors the allegations cannot be verified. No scientific evidence exists and no eyewitnesses were present to substantiate the claims, he said.
“This is scary, guys. It’s just based on something a woman said,” Thomassey said in his opening statement.
Hertzog, a former nighttime custodian at the Gateway School District, denied any improper activity.
“To be accused of having sex with (her) is appalling,” Hertzog said.
Hertzog is free on $100,000 unsecured bond. He is awaiting trial in a separate case in which he is accused of the false imprisonment of a juvenile. In that pending case, police said Hertzog tied up and confined a child in his basement.
