Judge says sex assault victim's emotional outburst no grounds to overturn conviction

A teenage girl’s behavior while testifying before a jury did not prejudice their decision to convict a man accused of sexually assaulting the girl, a Westmoreland County judge ruled Tuesday.

In a 19-page opinion, Common Pleas Court Judge Meagan Bilik-DeFazio ruled convictions of involuntary deviate sexual intercourse, aggravated indecent assault and indecent assault against Jerry Boring will stand.

Boring, 61, of Bolivar was convicted last April and has since been sentenced to serve 10-20 years in prison. Prosecutors said Boring sexually assaulted a 10-year-old girl beginning in 2017. The defense claims the accuser’s emotional outburst while testifying against Boring warranted a new trial.

The judge disagreed.

“It is not uncommon for an alleged victim of a sexual assault to cry or have an emotional reaction in response to questioning on the witness stand. Her behavior was not necessarily unlike other victims of such offenses,” the judge wrote.

The then 16-year-old accuser left the witness stand during her testimony but was later questioned by Boring’s defense lawyer after a court recess. The judge ruled instructions she gave to the jury — cautioning them not to allow emotional factors and sympathy for the alleged victim to sway their verdict — was sufficient to address the issue.

Boring had his own emotional outburst following his conviction when he yelled out he wanted to kill himself and lunged toward a second-story window in the courtroom. He had to be subdued by sheriff’s deputies before he was carried out of the courtroom in a headlock.

One deputy was treated at a Greensburg hospital for hand and facial injuries sustained in the melee.

The judge also rejected defense claims of insufficient evidence to support the conviction against Boring and allegations that prosecutors hid evidence of unrelated crimes committed by the alleged victim’s mother.