Jury takes recess with no verdict in 2013 UPJ rape case

Apr. 6—EBENSBURG, Pa. — A Cambria County jury ended deliberations Wednesday without a verdict in the case of a former University of Pittsburgh at Johnstown resident assistant who is accused of sexually assaulting a then-freshman student there in 2013.

Cliff Christopher Maloney Jr., 31, of Missouri, is facing six felony counts related to the alleged sexual assault.

He faces one count of rape of a substantially impaired person, rape of an unconscious person, two counts of aggravated indecent assault, one count of aggravated indecent assault without consent and one count of sexual assault.

Maloney was charged in April 2022 in the alleged assault after his accuser, a Pittsburgh-area woman who is now 28, began speaking to investigators in 2021.

Maloney took the stand in his own defense Wednesday and told jurors how almost one year ago he received a voicemail from Detective Michelle McDaniel of the University of Pittsburgh police, while he was showing his mother and grandmother his new business shortly after his move to Missouri.

He told jurors he initially believed it had been a joke, especially after learning that the allegations were from 2013 and that the allegations were made by a woman whose name he did not remember.

He said that he then looked up the woman and believed he interacted with her no more than four times.

Maloney boldly answered "no" as attorney Caroline Donato, who represents Maloney with Peter Kratsa, of West Chester, and David Raho, of Johnstown, asked him questions such as if he drugged, had sex with, kissed or had any sexual contact with the woman.

He told the jury that he asked the woman to play a card game, which he then had to show her how to play. Maloney said that he thought she was not intoxicated based on that she could comprehend the game.

The jury also heard from a former professor of Maloney's who discounted the claim that the woman saw Maloney in the Student Union the afternoon of the alleged assault, where she told the jury she saw Moloney and froze. The professor said that at the time in question, Maloney would have been preparing for a homecoming production on campus.

On Tuesday, Kratsa questioned the detective about card data from the afternoon of Sept. 28, when the woman said she saw Maloney when she was having lunch in the Student Union. The woman's card data showed that she purchased lunch at 12:40 p.m., but Maloney's did not.

The woman told the jury on Monday that she had met Maloney during her first three weeks on campus at a fraternity party and encountered him at the same fraternity on Sept. 27 into Sept. 28, 2013, at which time she said he invited her back to her dorm, where she said he gave her wine that she believed was drugged.

No testing or DNA evidence was available for the case due to the woman's delay in reporting, which is something that she said she regrets.

President Judge Norman A. Krumenacker III is presiding over the trial, with Assistant District Attorneys Joel Polites and Jessica Weil presenting the commonwealth's case.

As of 10 p.m., the jury did not return with a verdict. The jury will resume deliberations Thursday if a verdict is not reached throughout the night.