Alleged victim in sexual assault case gives conflicting statements


During a controversial sexual assault trial Tuesday, San Luis Obispo County Superior Court Judge Jacquelyn Duffy discussed the alleged victim’s inconsistent statements.

Defendant Herbert Connor is charged with sexual battery, inflicting corporal injury and assault with intent to commit rape over an incident in which he allegedly attempted to have sex with a 67-year-old Cambria woman, which caused her to fall into a door jamb while she tried to escape. Since 2012, Connor and the woman have been friends and on and off sexual partners.

With the jury out of the courtroom, Judge Duffy questioned whether a paragraph from a diary the woman kept concerning the alleged assault should be provided to the jury because it was inconsistent with the victim’s testimony at trial.

“It’s arguably inconsistent with prior statements she fell into the wall,” Judge Duffy said.

The previous afternoon, Connor gave his version of the relationship and the incident.

In early 2012, Connor and the woman met at a dog park in Cambria. During that time, Connor informed the woman he was married. Shortly afterwards, Connor and the woman began a consensual sexual relationship.

On April 25, 2017, Connor and the woman walked their dogs, went swimming at Cuesta College and then shopping at the grocery store. While driving the woman home, Connor said he held her hand.

After Connor carried the woman’s groceries into her kitchen, they embraced and kissed, Connor testified. With his arm around her waste, Connor and the woman walked down the hallway to her bedroom and laid on the bed, he said.

After kissing her, Connor said he raised her blouse, kissed her breast, and moved his hand towards her groin area.

“She said ‘no,’ grabbed my hand and pulled away,” Connor testified. “I realized she was not having a good time.”

Contradicting the woman’s testimony that she pulled away from Connor and fell into the wall while in the hallway, Connor said the woman got up, walked out of the room and collapsed.

On Tuesday, Judge Duffy asked the court reporter to read back three statements the woman gave about falling into the wall. In each statement, the woman said she fell into the wall.

“I don’t think he slammed me, I fell into the wall,” the woman testified during trial.

Contradicting her trial testimony, in her diary the woman wrote that Connor “shoved” her into the wall causing a back injury.

District Attorney Dan Dow said he wanted the whole paragraph given to the jury because it describes pain associated with her back injury. Connor’s attorney Ilan Funke-Bilu also wanted the paragraph provided to the jury.

Judge Duffy said the victim would have to return to the stand on Wednesday to verify the diary entry.

Funke-Bilu said he would “not mind putting on a show,” and danced a short jig for the gallery before informing the judge he would not dance in front the jury.

Following the woman’s testimony about the diary entry, the attorneys are scheduled to give closing statements.

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11 Comments about “Alleged victim in sexual assault case gives conflicting statements”

  1. Keri says:

    Dan has been a very bad boy again, naughty boy Dan saw your two emails to a local reporter where you tried to get the story changed. naughty Dow now that is obstruction of Justice.

    You might want to go back to US Santa Clara and take some law classes and this time listen to the rule of Law and i assume you missed attending the Ethics course, as you have no clue about the “Brady” rule. Oh by the way since you did not charge your sexual deviant buddy Chris McGuire of Paso Robles PD, he is now under criminal investigation for another rape in two other counties since you let him off..

  2. Maven says:

    LOL! No instant rip-on-Dow article Karen? I know it is probably coming though. The Fibune and Matt Fountainofcrap already downplayed the verdict as if Dow lost. fact is, Dow won a very difficult case against the top defense attorney in the county. Dow deserves props. But I know you don’t have that in you.

    1. Keri says:

      You must not know too much, why did your lover Dow send two messages to get the story altered ? or changed ? and reporters will not lie like Dow did and I can not wait until Judge Duffy rules on the final matter.

      Why is Dow such a homophobic …………….

  3. DLANG says:

    Note to Jody , Dan Dow took on a case that NOT one of his deputies who have many years more experience than he does. Why did Dan Dow violate the Brady rule ? cover up, why did all his deputies refuse to [prosecute the case] oh no evidence that is why ?

    Jody we get it you “Love” Dan We get it, but why is he so homophobic as he has pointed out many times in his alleged Christian faith, that the entire LGBTQI community is evil, per his own bible statements in which he quotes on a regular basis; Romans 1; 24,26,27 then Leviticus 18;22, 20;,13 and 1st Kings 14;24 where Dow spews his anti Gay, Anti homosexual, Anti Lesbian and yet want their votes and posses with the Chief of Police who is Gay and many others.

    Dow is a liar, fake , phony and a liar his case against this Connor ( Defendant) dude is a political move nothing more. As was proved today in court Dow lied, his phony “Hooker” witness lied time and time again he (Dow) violated the Brady rule and now is trying a “Bait and Switch” scam. I saw 14 Defense Lawyers in court today, 4 former Deputy DA’s who left his office as they do NOT believe him and 5 Deputy DA’s still in his office of which 2 who do NOT believe him.

    Dan Dow is over his head this is no doubt a political scam, at lunch 3 Jury’s admitted the case is a waste of time, too many “lies by the alleged Victim”

    As the alleged Victim has now changed her many stories no less than 7 times i call that Perjury and a bold faced liar, DDA’s Dobroth and White did the correct thing as NOT to file charges as this is an affair gone sour as most do. At least we have some DDA’s who have integrity and ethics. Wondering why two Civil Rights Lawyers and one Investigator were in court taking notes on Dow ?

    My bet is Dow is suffering a mental issue and needs help…

    1. Maven says:

      “My bet is Dow is suffering a mental issue and needs help…”

      You described yourself perfectly Scott.

  4. Maven says:

    Why no article on the statements of the defendant? Under questioning from his own attorney he said he “was forceful”. The author of this article really shouldn’t be hanging out with a poster who uses multiple avatars to slander the district attorney on her site. They obviously have a vendetta against Dow.

  5. Maven says:

    This is a non-issue. Anybody that has been victimized or in an accident, etc., can unintentionally give slightly different versions at different times.

  6. DLANG says:

    Wow ! what a explosive story and revelation of the “Alleged” victim admits she was having consensual sex for years .

    No wonder why the two TOP Deputy DA’s refused to prosecute this bogus case, Eric Dobroth, refused then DDA Chris White refused as there is no crime it was two old people having sex ?

    If the DA a deviant and pervert, this is a non case and waste of the taxpayers funds again, Dan, Dan, you need to get a life and learn the law the Judge nicely tossed you a “Bonner” you Fool of a DA

    1. Maven says:


      You need to pay attention. The Defendant “alleged” that he “made love” multiple times. It was not “established” as you say. You conveniently left the courtroom yesterday BEFORE Dow’s closing argument. What is this, your 5th or 6th different avatar?

      1. DLANG says:

        No you, Jody need to understand the rule of law and more important the facts as you are a failed CHP officer with mental health issues go back on your medications

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