The young woman who was raped at a Linthicum light rail station said Wednesday that she?s positive Eugene Waller is the attacker.
Anne Arundel Circuit Judge Paul Hackner ruled the identification admissible, despite the defense?s attempts to have her naming of Waller thrown out of evidence.
The victim, 22, told Anne Arundel police she was waiting for a train at the Nursery Road light rail station in Linthicum in October 2007, whena man wearing blue basketball shorts and a white sweat shirt grabbed her, dragged her into the woods and raped her.
The woman testified that she was upset as she escorted police to where she had been raped moments earlier and saw Waller come out of the woods.
She began screaming, “That?s him!”
“I saw the man that I had described to police. … I was very persistent to police that it was him,” she said.
Police chased Waller and found him hiding behind a cement block in the Patapsco River wearing the clothes the victim had described.
The woman then identified him a second time after he was arrested.
Hackner also allowed prosecutors to submit into evidence incriminating comments that Waller made to a Harbor Hospital sexual assault forensic examiner.
The examiner said she was examining Waller?s genital area for evidence when he said she “must do this for a rape.”
Waller then said, “This wouldn?t matter” when she took a swab of his genitals, and went on to say something about urinating.
Defense attorney Denis O?Connell argued Waller had not been read his Miranda rights yet, but Hackner said it was not a police interrogation and he spoke voluntarily.
Waller shook his head and scoffed throughout the hearing.
He is scheduled to go on trial April 15 for first-degree rape.
