Preliminary Hearing Held in Sexual Assault Case

A preliminary trial in the case of the State of Maryland vs. Keion Lebrant Green was held on Friday, Dec. 20 at the Allegany County District Courthouse in Cumberland, Maryland. Green is accused of felony second-degree rape, perverted practice, and assault in the second degree. Green was a Frostburg State University student at the time of the incident. Green’s victim, also an FSU student, alleges that Green forcibly raped her between 5:00 and 6:00 a.m. on Sunday, Nov. 16 at her off-campus apartment in Frostburg. 

Green was arrested by FSU police officers at his dorm room in Frederick Hall on Friday, Nov. 22. Green was subsequently released from police commitment on Nov. 25 after posting a $1,000 cash bond. 

The hearing on Dec. 20 was a preliminary look at the evidence against Green for a determination of probable cause. The evidence described at the hearing included a Sexual Assault Examination Kit, clothing from the night of the incident, Green’s seized cell phone, and forensic evidence from the victim’s cell phone. Details regarding the victim’s statement at the time of Green’s arrest were covered by TBL and can be found here.

Green appeared in court for the hearing, dressed in a sweater and ripped black denim pants. 

The only witness called by the prosecution at the hearing was Detective Vincent Benson of the Allegany County’s Combined Criminal Investigation (C3I) Unit. Benson testified that he made contact with the victim on Thursday, Nov. 21 after his office was contacted by FSU authorities. 

In his investigation, Benson took statements from the victim, the victim’s roommate, the forensic nurse who conducted the assault kit, and Green. Benson also examined the victim’s cell phone and found several text messages between Green and the victim. These text messages included admission of sexual contact with the victim, as well as attempts by Green to meet with the victim after the incident to “talk things through,” Benson testified.

Green’s defense attorney, Mr. Michael Stankan of the Public Defender’s Office, asked Benson several questions on cross-examination. It was revealed that Green and the victim had engaged in intimate acts prior to the incident on the morning of Nov. 17 but had never had intercourse. 

Benson further testified that the victim did not consent to the sexual acts on the morning of Nov. 17. In the victim’s statement, she indicates that she yelled “no” several times and that she was “scared” throughout the incident. Benson does not believe the victim to have been mentally incapacitated. The victim is over the age of consent.

Benson testified that neither Green nor the victim indicated the use of drugs or alcohol the night of the incident.

In Stankan’s closing arguments, he said he believed this case to be a “kind of ‘he said, she said’” and that Green’s previous relationship with the victim was possible evidence of consent. Stankan argued that it was “beyond belief” that the victim yelled, and that “consent is certainly the issue” in the case.

The presiding judge, the Honorable W. Milnor Roberts, ruled that the evidence was “more than sufficient evidence to find probable cause,” and ordered that a full trial be scheduled at the Allegany County Circuit Court. 

Prior to leaving the court, Green’s attorney filed paperwork to have the felony second-degree rape charge dismissed. As such, the court has scheduled a hearing on the merits of that dismissal for Friday, Jan. 17, 2020 at 9:00 a.m. at the Allegany County District Courthouse. 

A hearing date for a jury trial has not been set as of press time. 

It is the policy of The Bottom Line not to name alleged sexual assault victims.