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Rape case moving forward

February 21st, 2015 by WCBC Radio

The Cumberland Times News reports the case of second-degree rape and kidnapping allegedly committed against a local 13-year-old girl has been scheduled to move forward to Allegany County Circuit Court with a hearing being scheduled this spring. As a result of a preliminary district court hearing held before Judge W. Milnor Roberts on Friday, Gregory Allen Lincoln Sr., 49, of Maryland Avenue, will face a trial in circuit court stemming from an Oct. 19 incident. Lincoln is a registered sex offender with the Maryland Department of Public Safety and Correctional Services. Assistant State’s Attorney Josh Kelty presented the state’s case where details were presented of the alleged rape that took place at 513 Maryland Ave. The lone witness testifying for the state was Roger Plummer, a member of the Frostburg Police Department and the C3I unit. “She was outside playing when Mr. Lincoln grabbed her by the arm and pulled her into the residence, 513 Maryland Avenue, and forced her down a set of basement steps and removed her pants and underwear and then removed his and engaged in sexual intercourse with her,” said Plummer. Further testimony indicated the victim at some point apparently told Lincoln she would “call the cops,” at which point Lincoln allegedly went upstairs and the victim left the basement. During subsequent interviews of the victim, she apparently drew a picture of a condom that Lincoln was alleged to have placed on her stomach and told her this is “so you won’t get pregnant.”

The basement area of the house was characterized as accessible to individuals known by the occupants. Kelty also indicated a witness who walked in on the incident may be produced in circuit court.

The defense attempted to find fault in the case during cross examination. Defense attorney James Elliott questioned the state’s account of the incident.

Elliott questioned the notion that a sexual act actually took place because of lack of an eyewitness account. He also asked why the complaint against Lincoln was not filed until several days after the event and why Lincoln was not interviewed within days of the complaint.

Elliott also asked the judge that the kidnapping charge be dropped. The judge ruled to keep the charge as is and recommended that the case proceed to circuit court for trial.

Lincoln remains free on bail.

The victim did receive medical treatment and counseling through Jane’s Place Inc., a child advocacy center. However, no medical records were entered as evidence as part of the preliminary trial.

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