Alleged victim takes the stand in Borst hearing

By Leslie Wood
Staff Writer

GALLUP — Barry Borst's accuser took the stand for nearly six hours on Tuesday and repeatedly told jurors she met Borst's sexual demands out of fear for the safety of herself and her five children.

Borst is facing a single count of criminal sexual penetration for allegedly lacing the woman's drink with an unknown substance before he assaulted her inside his residence in November 2004.

In an unrelated incident, a San Juan County jury convicted Borst earlier this year of assaulting another Gallup woman. He remains jailed at the McKinley County Adult Detention Center.

During the second day of trial, the woman testified she and Borst engaged in consensual sex days prior to the alleged rape; however, the woman said Borst's behavior changed and he became more rough and struck her with a belt. He also reportedly used a sexual device during their interaction.

"I had to do anything Barry asked of me," she said. " ... the tone of voice that he used, the way he hurt me that night, scared me. I didn't want to mess up."

The woman, who paused for seconds at a time and cried throughout portions of her testimony, said she was forced to reply to Borst's demands by using one phrase, "Yes sir."

Prosecutors also said Borst forced the woman to receive a tattoo with the phrase "Property of Barry" on her lower back and stomach areas.

The woman testified she signed a consent form for the tattoo out of fear of Borst who allegedly said he wanted to have sex with her two young daughters, while she watched.

Louis DePauli, Borst's attorney, questioned why the woman, an alleged victim of rape, did not flee Borst during the periods of time she was left unsupervised. He said the woman could have left Borst while they were driving in separate cars or when they visited Allsup's and Walgreens. The woman also attended a job interview by herself. DePauli said the woman could have fled or called the police while Borst was in the shower at her residence for about 30 minutes.

"Wouldn't that have been enough time to call 9-1-1 and say come to my house I have a dire emergency that needs attention?" DePauli asked. " ... You had a choice when Barry Borst was in your house taking a shower."

The woman also said Borst took explicit photographs with her and a 17-year-old boy during the weekend and then threatened to notify police if she did not comply with his requests.

DePauli said the photographs could have been a reason that the woman came forward with the allegations against Borst in order to protect herself.

DePauli also quoted testimony from the case's preliminary hearing where the woman said Borst could have believed the acts were consensual.

Deputy District Attorney Alfred Walker said the state has five more witnesses to call. The trial is expected to last through the remainder of the week.