Prosecutor: Woman sexually assaulted female rival; defense says - San Diego, California News Station - KFMB Channel 8 - cbs8.com

Prosecutor: Woman sexually assaulted female rival; defense says evidence lacking

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SAN DIEGO (CNS) - Opening statements were heard Monday in the trial of a 49-year-old woman accused of sexually assaulting a younger woman with a golf club.

A prosecutor said the woman kidnapped, beat and sexually assaulted a 22-year-old female rival because she had sex with her former boyfriend. A defense attorney said there was no physical evidence that the victim was raped with a golf club.

"This case is about revenge," prosecutor George Modlin told a jury in the retrial of Catherine McCoy.

A jury last November convicted McCoy of kidnapping, assault and making a criminal threat but deadlocked 11-1 for guilt on a charge of sexual penetration with a foreign object. If she is convicted on that charge, she could face a sentence of 35 years to life in prison

In his opening statement of the retrial, Modlin told jurors that the defendant found out that the 22-year-old victim -- identified only as Amber -- had slept with her boyfriend and confronted her at a home in City Heights on Aug. 18, 2011.

"She (McCoy) said, `I'm going to kill you, bitch,"' Modlin told the jury.

The defendant punched the victim, and with the help of a friend, Christopher Carrera, forced her into the back seat of a white Ford Excursion, the prosecutor said.

Carrera drove and McCoy jumped into the back seat and beat the victim with a Maglite flashlight and wrapped a seat belt around the victim's neck, trying to get her to admit having sex with her ex-boyfriend, whom she was trying to win back, according to Modlin.

McCoy made the victim get naked, then grabbed her grandfather's wooden putter and forced it into the victim's vagina seven to eight times, according to the prosecutor.

"She (McCoy) said, 'You (expletive) my man. I'm going to (expletive) you now,"' Modlin told the jury.

The prosecutor said McCoy threatened to dump Amber's body in the desert before kicking her out of the car on southbound state Route 125 near Otay Lakes Road.

After her arrest, McCoy told her grandmother in a jail call, which was played in court, that she assaulted the victim and that "she deserved it."

Defense attorney Charles Adair told the jury that McCoy met her boyfriend when she was 40 but that the two had recently broken up and she wanted him back.

Adair said Amber was a troubled woman who used methamphetamine and heroin on a daily basis and traded sex for drugs.

The defense attorney conceded that McCoy kidnapped and assaulted the victim, but he said there was no physical evidence that the golf club was used in a sexual assault.

If that happened, it would have caused damage to the victim's vaginal area, Adair said.

"This is Amber's way of getting back at Cathy," Adair told the jury.

Carrera pleaded guilty and was sentenced to nearly 17 years in prison. He is expected to testify at the retrial.

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