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United States Department of Labor Employees Compensation Appeals Board V.W., Appellant and DEPARTMENT OF JUSTICE, BUREAU OF PRISONS, FEDERAL CORRECTIONAL CENTER, Butler, NC, Employer))))))))) Appearances:

On February 21, 2010, appellant filed a memorandum of law refuting all grounds for appeal. On February 23, 2010, the Court held a telephonic hearing on motion to amend the brief and on this case's merits on February 24, 2010. The court's decision on appellate briefing and other matters is set forth below. On February 27, 2012, a final order entered the appeal. CONCLUSION APPEALED'S BRIEF AND MOTION TO AMEND THE BRIEF FOR ORDER AND DISMISS THE BRIEF OF ITS COUNSEL: In October 2006, the appellant sought a new trial after being convicted of an amended count of rape in which a different woman was also charged. In December 2008, the jury deliberated for less than twelve hours. On December 11, 2008, the jury returned a verdict that the appellant was guilty of a first degree sex offense and ordered him to register as a sexual offender for the remainder of his life. On December 12, 2009, the appellant took the stand at his original trial and recounted the story of the different woman to the jury. He explained that the two of them had consensual sex in his car. The jury rejected this account, finding that the women did not consent to the relationship and found the appellant guilty as charged for rape. The jury further found that appellant committed second degree rape of the other women in his car and sentenced him to consecutive terms of fifteen years imprisonment but suspended the fifteen-year sentence for five years. When the Appellant requested a new trial, the State sought to have the verdict entered null and void on the following grounds: that after trial, the jury found that the different women did not consent to sex and that the jury's decision was based on improper motives. The State argued that appellant's credibility was not affected by the different women's accounts of the assault. The State presented four other witnesses, including two women who witnessed the assault, as well as a witness from the hospital who saw the patients following the assault. The State also submitted medical evidence and several other expert witnesses. The State's witnesses asserted that the victims should be considered unreliable witnesses. In support of its position, the State presented various witnesses, some of them medical witnesses.

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