Erie County District Attorney Frank A. Sedita, III announced that 25 year old Samuel Muscarella was convicted, as charged, by an Erie County Court jury of Two Counts of Predatory Sexual Assault and one count of Burglary in the First Degree, for the December 15, 2011 forcible rape and sodomy of a 22 year-old woman during a home invasion. 

Muscarella was previously convicted of six counts of Aggravated Harassment and sentenced to two years in county jail on July 24, 2013 for making over 1,000 anonymous sexually harassing telephone calls to several different women.  These were made in the three weeks preceding the rape, up until the day of his arrest for the sexual attack.  Those charges were originally part of this indictment, but were severed before the trial and barred from use by the prosecution at this trial.

When initially questioned by the police, Muscarella denied any sexual contact with, let alone sexual assault of, the victim and claimed to have been somewhere else at the time of the time of these crimes. Further investigation demonstrated that Muscarella’s alibi was false and the presence of Muscarella’s DNA in the victim. Upon being re-questioned, Muscarella claimed he had consensual sex with the victim and that she fabricated burglary and sexual assault allegations. Muscarella’s attorney repeated these claims at trial, adding that the victim wasn’t beaten and bruised enough to have been raped and that the defendant was just a “dumb kid” who was the victim of a prosecution “witch hunt.”

The case was successfully prosecuted by Assistant District Attorneys Lynette Reda and Peter Marche, both of whom are assigned to DA Sedita’s Special Victims Bureau. DA Sedita also praised the efforts Erie County Sheriff Deputies James Hatch, Christian Parisi, Scott Piel and Shawn Young as well as the Erie County Central Police Services Laboratory and paralegal Lori Sendlak for their thorough investigation. DA Sedita added: “Because of their dedication and professionalism, a vile sexual predator has been brought to justice.”   

Muscarella, faces a maximum of 50 years to life in state prison when he is sentenced on October 14, 2013 before Erie County Court Judge Kenneth F. Case.  The case was successfully prosecuted by Assistant District Attorneys Lynette M. Reda and Peter J. Marche.