2009-04-23 / Local & State

Alleged Rapist Waives Hear ing

By Chanin Rotz-Mountz STAFF WRITER

A Bedford County man waived his right to a preliminary hearing in Monday's session of Fulton County Central Court on felony charges he raped and kidnapped a woman enjoying a summer's day walk not far from her Wells Valley home.

Forty-three-year-old Kevin Duane Foor Sr. of 174 Fox Street, Defiance, is accused of one count each of kidnapping, rape, criminal attempt rape, criminal attempt involuntary deviate sexual intercourse, aggravated indecent assault, simple assault, indecent assault and indecent exposure.

Bail bond had been previously set at $250,000 at the time of his arrest earlier this month. During the April 20 hearing held before Magisterial District Judge Devin Horne, Foor's bail was reduced to $100,000.

DNA evidence found on three pieces of latex glove located at and in the vicinity of the crime scene allegedly linked Foor to the June 16, 2008, episode that occurred not far from the intersection of Enid and Wells Valley roads. Through an affidavit of probable cause prepared by Trooper Angela Roher of the Mc- Connellsburg state police barracks, Foor, as well as several other individuals, came to light as possible suspects within two days of the sexual assault. Roher further reported in her filings, Foor was not present at his place of employment on the day of the sexual assault.

Even though Foor would not cooperate with police and submit to a polygraph test or be interviewed by fellow state police investigator Trooper Richard Cutchall, he did provide police with a DNA sample that ultimately led to his apprehension. The results of the DNA comparison revealed one piece of a latex glove found at the scene allegedly contained a mixture of the victim's and Foor's DNA. Two additional pieces of glove located had either Foor's or the victim's DNA, Roher stated in the affidavit of probable cause.

The 12:30 p.m. assault occurred along Enid Road in Wells Township, while the victim was taking her daily walk. A man wearing a nylon stocking over his head emerged from a wooded area on the northern berm and put a hand over her mouth to keep her quiet. The man, who had a nylon stocking over his head, was dressed in blue jeans, a white T-shirt and latex gloves. The victim also informed state police investigators the man's breath had a strong alcoholic odor.

She hit the man with a stick and even held on to a tree to keep from being dragged further into the woods, the affidavit states. During the course of the sexual assault, the victim told the suspect her husband knew how long her walk took and he would come looking for her. After being told to get up, the victim walked home and alerted her husband.

In addition to completing a ground search, an aerial search was conducted by state police helicopter yielding negative results.

Foor is represented in court proceedings by defense attorney Shawn Cohen. A date for Foor's mandatory arraignment has not yet been selected.

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