At the end of a three-day trial last week, a 20-year-old rape victim sobbed in her father’s arms.
‘It’s all over now,? the father said to his daughter after an Oakland County Circuit Court jury found Gregory H. Combs guilty of two counts of first degree criminal sexual conduct.
The 35-year-old Orion Township man will reappear before Judge John J. McDonald on March 21 for sentencing for the May 28, 2004 assault after a concert at the DTE Energy Music Theater in Independence Township.
According to state sentencing guidelines, attorneys expect a prison sentence of at least 17 years, although the maximum penalty is life in prison.
‘We’re very pleased,? said Oakland County Assistant Prosecutor Gregory Townsend, adding a warning to concert goers. ‘I hope the public takes a lesson from this incident. They shouldn’t be walking by themselves on deserted roads.?
Defense attorney Howard Arnkoff was forthright with his reaction to the verdict.
‘The jury has spoken,? Arnkoff said. ?[Combs?] credibility was not weighed as much as the victim’s.?
The trial began with jury selection, the prosecutor’s opening statement and some testimony on Feb. 22. Testimony continued all day on Feb. 24, with closing arguments and about four hours of jury deliberation on Feb. 25. The six-man, six-woman jury announced their verdict at about 4:45 p.m., barely avoiding a continuation of proceedings to a fourth day.
Court proceedings included a mix of emotional and technical testimony, with some legal wrangling and occasional problems with family and friends of both the victim and the defendant.
‘Her worst fear ? and any parent’s worst fear ? happened that evening,? Townsend said in an impassioned opening statement. ‘This was not a date rape. This was a violent assault on a beautiful young woman.?

The charges
The then-19-year-old Clarkston area resident (whose name The Clarkston News has chosen to withhold from print) testified that she left the pavilion area after the Eddie Money concert, intending to meet friends who planned to pick her up at the southern (‘VIP?) entrance to the music theater off Sashabaw Road.
After jumping a fence to gain access to the dark, deserted road, the victim said she was grabbed around the neck from behind and choked. She testified that, after she screamed, Combs came around her, hit her in the face and threatened to kill her if she didn’t cooperate. Combs then pushed her to the ground beside the road and forced her to perform two separate sex acts.
‘I was afraid for my life,? she said in court, shedding tears at several points during her testimony, especially when describing details of the rape.
‘I’ve been to hundreds of concerts,? she said. ‘I never would have imagined something like this happening.?
Oakland County Sheriff Deputy Chad Abbuhl happened upon the incident. Working overtime duty as a ‘perimeter car? for the DTE concert, Abbuhl had received a call to come to the sheriff command trailer inside the theater complex and was driving along the VIP entrance road when he saw the couple alongside the road.
Abbuhl testified that he first thought it was a consensual act, advising the couple to ‘take it somewhere else.? He then caught a look at the victim’s face.
‘When she looked at me, I could tell something just wasn’t right,? Abbuhl said.
The victim then pushed Combs away and ran behind the deputy as if to use him as a shield from further harm, Abbuhl said.
‘She was pretty hysterical,? the deputy testified.
The word ‘hysterical? also came up in the testimony of two former co-workers, who said they were on their way to the venue to pick up the victim. One friend was talking to her via cell phone when the victim screamed and dropped the phone, according to testimony.
Both friends testified as to the victim’s ‘hysterical? state and said they saw blood on the victim’s face and hands.
The friends arrived at the scene shortly thereafter. Abbuhl took Combs to the sheriff command trailer, and allowed the friends to take the victim to the same location for separate interviews.

The evidence
Detective Kenneth Alderman interviewed the victim, and testified that she was crying and ‘shaking uncontrollably? from the trauma of the incident. He also told of the blood on the young woman’s face and hands.
Virginia Perkins, a registered nurse who works with the Safe Therapeutic Assault Response Team, examined the victim at the Haven facility in Pontiac. Perkins testified as to the ‘intrusive examination? which documented physical injury and gathered DNA evidence for analysis by the Michigan State Police.
Perkins documented ‘reddened areas? on the victim’s neck and in several other places on her body. Several scratches and abrasions were also documented on her back.
DNA evidence was presented by Heather Vitta, a forensic scientist for the Michigan State Police. In detailed clinical terms, Vitta testified that Combs? DNA was present in the victim’s body to the extent that the odds of duplication were one in 14.2 quadrillion.
Vitta, who Judge McDonald allowed to be considered an ‘expert witness,? concluded that the DNA evidence confirmed that a sex act had taken place.
After legal arguments with the jury out of the courtroom on Feb. 22, McDonald allowed the testimony of Ila Collier, who was also present at the Eddie Money concert. Collier testified that, while near the pavilion restrooms during the concert, Combs grabbed her by the wrists and attempted to drag her away.
‘I was hysterical,? she told the jury. ‘I didn’t know who he was.?
Collier forgot about the incident, thinking it was a case of mistaken identity, until she saw a televised report of the rape and saw Combs in court.
‘That’s the guy that grabbed me at Pine Knob,? was her response, and she contacted the sheriff’s department.
‘I knew it was the person who was grabbing me,? she testified. ‘What he did to that girl could have happened to me.?
McDonald instructed the jury to weigh Collier’s testimony only to the extent that it could establish a ‘scheme? or pattern of behavior and not to judge it as evidence of committing an actual crime.
Detective Lonnie Mullins, who interrogated Combs immediately after the incident, told the court that Combs gave a false name at first. Only after Mullins found a partial drivers license did Combs admit his real identity.
During the interview, Mullins said Combs claimed to have met the victim (who he called Sarah) at one of the pavilion gates, that she allowed him to walk with her along the road and allowed him to kiss her. Combs denied any sexual activity during the interview, Mullins testified.

The defense
Arnkoff carefully cross-examined each witness, attempting to cast ‘reasonable doubt? on both testimony and evidence. He noted that none of the clinical examination showed evidence of force, for example, and asked why more clothing was not collected as evidence.
During Arnkoff’s cross-examination, Deputy Abbuhl admitted that he heard no screams, nor did he have time to examine the victim for bleeding. Clinical witnesses could not testify as to proof of force, and Mullins admitted under cross-examination that an attempt to videotape Combs? interrogation failed, leaving no official record other than Mullins? notes.
Arnkoff also questioned procedures in search for a specific piece of physical evidence at the scene several hours after the incident. The article was found not by detectives, but by the victim’s father, and during his closing argument Arnkoff said, ‘Who else is on her side closer than her father??
Combs took the stand in his own defense, telling a different story from both the victim and from Mullins? version of his answers to interrogation.
Combs said he, too, was at the concert with friends from his workplace, but they left the venue. He said he encountered the victim, also on the phone calling for a ride. The pair walked together, jumped a fence together, and were getting along well, he testified.
At one point, the victim’s ‘spontaneous? behavior led him to believe he could become more amorous, Combs testified.
‘She was in an agreeing mood,? Combs said.
The victim willingly consented to sex, but they were unable to complete the act before Abbuhl arrived on the scene.
Combs had no explanation for the DNA evidence. ‘I’m not a forensics expert,? he said. ‘I don’t know how these things work.?
Combs denied hitting the victim, denied that the victim was at any time ‘hysterical? and denied any contact with Collier. He did, however, admit going to the concert, ‘hoping to get lucky.?

The verdict
In cross-examination, Townsend asked Combs why he lied about his identity and why he couldn’t remember the victim’s first name.
‘I was scared,? Combs replied, explaining that previously he met a girl named Sarah at a bar. ‘I’m only human.?
In his closing argument, Townsend dismissed Combs version of the incident.
‘To believe the defendant, everyone else has to be lying,? he told the jury. ‘He was going to rape somebody that night.?
Townsend asked the jury to consider not only the physical harm to the victim, but the ongoing emotional trauma.
?[The victim’s] life was shattered that night,? he said. ‘We cannot give back the trust she once had in humankind. We can hold the person accountable who did this vile act to her.?
In his closing argument, Arnkoff again claimed inconsistencies in the prosecution’s case and noted the legal requirement to weigh the defendant’s testimony in the same manner as others.
‘Sympathy and prejudice are not to enter into your deliberations,? Arnkoff told the jury, suggesting reasons for the victim’s version of the story. ‘She got caught in an embarrassing situation? in a public place and with police officers present.
McDonald gave instructions as to the legal requirements to reach a guilty verdict, including specific definitions of the ‘elements? of the crime.
Although described as wearing a goatee at the time of the incident, Combs appeared clean shaven with a short haircut. He sat expressionless through much of the trial, although he shook his head when Collier gave her testimony and nodded his head when Arnkoff gave his closing statement.
Throughout the trial (except when witnesses were not allowed to be present to hear other witnesses), the victim was surrounded by family and friends. The victim chose to leave the courtroom during Combs? testimony.
For most of the trial, Combs? brother, sister and the mother of his six-year-old child were present in the courtroom.
While there were no overt outbursts during the proceedings, deputies at one point issued a warning against the opposing sides ‘glaring? at each other across the courtroom. Combs? family often made whispered comments to each other, especially during jury selection.
There was some final drama, however. During most of the trial, two sheriff deputies were present in the courtroom, but that number increased to six when the jury returned for the verdict.
Despite warnings to maintain decorum, the ‘guilty? verdict was met with cheers and applause from the victim’s friends. Combs? family was not present in the courtroom for the announcement of the verdict.