Vandergrift man claims police interrogation was improper, seeks dismissal of charges

Rich Cholodofsky, Tribune-Review, Greensburg, Pa.
·2 min read

Oct. 27—A Vandergrift man accused in the attempted rape of an Allegheny Township woman in May claims he was improperly questioned by police when he told them he acted to fulfill his accuser's "rape fantasy."

Defense attorney Duke George, during a court hearing on Tuesday, argued his client, James Randall DeFilippi, was in custody and under arrest when police questioned him about the May 27 incident. Police said DeFilippi was never questioned and just volunteered information to authorities, first in a patrol car and later while in a holding cell.

Police contend DeFilippi, 57, used a ladder to climb up to a second-floor window of an Allegheny Township home, brandished a knife and zip ties before his accuser was able to ward him off before he could get inside. Police said other windows were damaged and that DeFilippi took keys and searched through a parked car.

The defense wants Westmoreland County Common Pleas Court Judge Meagan Bilik-DeFazio to bar from evidence statements DeFilippi made to police and rule there is not enough evidence to support charges that include attempted rape, attempted burglary and drug offenses.

Allegheny Township police officer Duane Fisher testified DeFilippi's accuser identified him as her attacker, described his appearance and said he rode off on a yellow motorcycle.

Patrolman Dan Myers said he spotted DeFilippi walking along the road about a half-mile from the home, with a yellow motorcycle parked nearby.

DeFilippi was detained and handcuffed. Heavy duty zip ties, marijuana and methamphetamines were found during a subsequent search, Myers said.

Both Fisher and Myers testified neither administered Miranda warnings advising him he did not have to speak to police but that DeFilippi just talked without being asked any questions.

"He was talkative and chatty and claimed it was all a misunderstanding and wanted to make sure I knew it was a rape fantasy of hers," Myers testified.

DeFilippi last month posted a $50,000 bond but is still in jail as he awaits his release.

The judge made no rulings on Tuesday.

Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293, rcholodofsky@triblive.com or via Twitter .