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Old Lycoming man found guilty on some charges, innocent on others

By Matthew Courter 7 min read

A little over a year after police responded to 943 Memorial Ave. for a report of a physical assault with a knife, the man accused of the crime has been found guilty on a slew of lesser charges, while being spared on more serious ones.

A jury of eight women and four men found Unique Robinson, 25, guilty on aggravated assault, possessing an instrument of crime, simple assault, strangulation and reckless endangerment, while finding him not guilty of criminal attempted homicide, rape and sexual assault for the Jan. 2, 2023 attack.

The proceedings were held under tight security, including bag checks and a portable metal detector outside the courtroom presided over by Judge Ryan Tira.

Assistant District Attorney Martin Wade opened the trial by summarizing the prosecution's case, stating that the jury would see forensic evidence, including DNA sampling and photographs. He added that Robinson's taking of the victim's keys and cell phone as he fled, along with changing his clothes before returning to the house constituted a consciousness of guilt.

In response, defense attorney Peter Lovecchio called the case a "he said, she said," characterizing the victim's story as "impractical given the physical evidence."

Lovecchio stressed to the jury that their job was not to find out what actually happened that night, only if the story offered by prosecutors proved the charges before them.

Taking the stand, the victim testified that Robinson had repeatedly texted and called her in an attempt to get her to come over to his mother's house.

On the day of the incident, she arrived at the residence around 4 p.m., and Robinson took her to a back room and attempted to perform a sexual act, according to testimony.

The victim told Robinson "no," and attempted to leave, but Robinson followed after and convinced her to return to the room, she said.

On the way, Robinson retrieved something from the kitchen, which he claimed was a screwdriver, stating he needed to fix something, the victim testified.

Robinson again tried to initiate sex, and a scuffle ensued.

At that point, Robinson pushed over a futon and sexually assaulted her, the victim said.

When she resisted, Robinson pulled out a knife and slashed her throat, leaving a 4-inch wound, according to statements made in court.

The victim said she attempted to call for help through a partially open window, when Robinson began beating her head against it, ultimately busting it through two panes of glass.

"I have to kill you, you're going to tell her," Robinson said, the victim testified.

The struggle continued over control of the knife as the victim begged for her life, she said, offering to delete any evidence of her being there.

When Robinson put her in a chokehold, the victim stated she almost gave up, but managed to break free from Robinson, fleeing to a house across the street.

Under cross examination by Lovecchio, the victim characterized her relationship with Robinson, whom she had known since the age of 14, as "friends with benefits."

She said she did not know he had a girlfriend, only a "baby mom," but admitted the woman would not be happy if she learned of her and Robinson's relationship.

Text messages entered into evidence showed the victim telling Robinson that she was pregnant, providing a picture of a positive test to that effect. However, she admitted to having taken two tests, with the other one indicating that she was not pregnant, and had not made Robinson aware of that test.

When asked by Lovecchio why she hadn't disclosed that information to Robinson, she asked, "why do I have to?"

Much of Lovecchio's questioning focused on these text exchanges, pointing out that she had at one point asked, "can we keep it," while at other times, she asked if he had money for an abortion, which Lovecchio argued was the reason for the visit.

The victim stated that she was being sarcastic throughout the entirety of the texting exchange.

Lovecchio also called into question the seriousness of the wound, which the victim said had initially "felt like a scratch," adding that she had not seen much blood at first, only panicking after she saw Robinson drop the knife.

The victim was visibly frustrated during Lovecchio's cross examination, and stated "I just want to get this over with," when asked if she needed a break.

The victim was sitting on a curb, partially undressed, across the street, with one of the residents applying pressure to a towel covering her wound when police arrived on the scene, Jacob Huling, an officer with city police testified.

Police initially believed Robinson was still within the home, and attempted several methods to draw him out, according to court testimony.

Robinson's mother would appear on scene, telling police after a call with her son, he would be returning to the scene to turn himself in.

Timothy Weaver, paramedic and head of pre-hospital services for UPMC stated that although the victim had several injuries, there were no signs that she may face an imminent death during his encounter with her. He further stated that there was no indication of how deep the wound had gone, a determination that would have been made by the trauma team.

During testimony by city police officer Brett Garbrick, several photos were shown to the jury displaying obvious signs of a struggle, including a broken window and a number of blood smears throughout the house.

During closing arguments, Lovecchio stressed that the story of the victim was not corroborated by the physical evidence, specifically noting the absence of blood on Robinson's forearms, the futon or on the floor adjacent to it. He also questioned how the victim's shoes and pants came off when her testimony was that Robinson had only pulled them down to her mid-thighs.

The credibility of the victim was also a target by the defense attorney, with Lovecchio citing her changing stories.

The wound itself was a point of contention as Lovecchio challenged the serrated blade of the steak knife as the origin of what he described as a "clean cut."

Calling the lesser charges a "toss up," Lovecchio openly admitted that "something happened in that house," relating that both the victim and Robinson had told stories of an altercation within the residence.

"Even if her story is believable, if you have any bit of doubt as to her truthfulness, you cannot convict," he said stressing that any decision must be made beyond a reasonable doubt.

Assistant District Attorney Martin Wade asked the jury to use the same common sense that they do in their everyday lives in deciding the case.

"No woman would run from a house half-naked in the month of January if she were not in a dangerous situation," he said.

Robinson's actions speak louder than the victim's words, he said, directly challenging the defense, adding that if Robinson was truly innocent, he would've stuck around to tell his side of the story.

"People don't lie to get themselves in trouble, they lie to get themselves out of it," he said, citing conflicting statements made by Robinson to police, as well as his omissions of any sexual contact between the two and the slashing of her neck.

Wade told the jury that while it was not the prosecutors' job to give a motive, Robinson's actions give clues as to what that might be.

"I have to kill you, you're going to tell her," painted a picture of a desperate man who feared his girlfriend finding out about his relations with the victim would be her "the breaking point," resulting in her taking his child away from him, Wade said.

Robinson said during police interviews that the victim was responsible for her neck wound, stating "the knife was dull, she couldn't even do it right."

Wade concurred that the knife was dull, stating that it saved the victim from Robinson's attack.

While admitting the victim's credibility was important, Wade referred to defense questioning as "nitpicking a woman who is trying to recall a traumatic event."

Sentencing has been scheduled for April 9.

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