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Jun 7, 2017 11:49 AMPublication: The Southampton Press

Victim Of Southampton Village Sexual Abuse And Home Invasion Takes The Stand In Court

Marvin Saul Siciliano-Nunez was charged with seven felonies and three misdemeanors following a home invasion in August 2016.
Jun 7, 2017 12:52 PM

A 19-year-old woman took the stand on Tuesday and identified defendant Marvin Siciliano-Nunez as the man who sexually abused her while threatening her with a baseball bat after entering her family’s home in Southampton Village, where she had been asleep and alone, on the morning of August 5, 2016.

Mr. Siciliano-Nunez, 20, of Hampton Bays, an undocumented immigrant from El Salvador, has been charged with seven felonies—two counts of first-degree burglary with the use of a weapon, one count of first-degree attempted rape by forcible compulsion, one count of first-degree criminal sexual act by use of force, and three counts of second-degree burglary—following his arrest near the scene of the crime in August 2016. He also was charged with misdemeanor counts of resisting arrest and two counts of criminal obstruction of breathing.

Mr. Siciliano-Nunez faces up to 25 years in prison, according to his Legal Aid Society defense attorney. His trial started on Monday in Suffolk County Criminal Court in Riverside before County Court Justice Peter H. Mayer and a 12-member jury.

Testifying on Tuesday, the young woman offered her account of what happened on the morning of August 5, 2016. Having spent the night at her family’s home in Manhattan the night before, she arrived at their second home in the estate section of Southampton Village and decided to sleep in her parents’ room downstairs so she could hear her dogs if they needed to go outside during the night. At 5 a.m., she took them for a walk, then crawled back into her parents’ bed and went back to sleep.

At 7 a.m., she said, she was awakened by a man standing in her doorway. “I said hello a few times, and asked who he was, but he didn’t say anything,” she recalled. Thinking he was a landscaper working for her parents, she asked if he needed anything and then, thinking he might be a burglar instead, offered him money.

The victim, whose identity is being withheld by The Press because of the nature of the crime, said that the situation quickly turned violent. She said Mr. Siciliano-Nunez pushed her onto her knees and forced her to perform a sex act, while holding a baseball bat above her head. “I tried to keep my mouth closed and to avoid it,” she said. “If I didn’t, he was going to hit me in the head.”

She indicated that Mr. Siciliano-Nunez used some English to tell her what he wanted, lewdly, but would only respond, “I don’t give a f---,” to anything she said.

At one point, she said, he pushed her onto the bed and attempted to rape her while he had his hand on her throat and over her mouth. “He was pressing really hard, and the more I struggled, the harder he pressed,” she said.

The dogs were on the bed, she said, and she pretended to agree to give in to Mr. Siciliano-Nunez, but told him that she first needed to get the dogs out, and he agreed to allow her to do that.

Once she got out of the room, she told those in the courtroom, she walked quietly away, then bolted, undressed, from the house. Mr. Siciliano-Nunez ran after her, holding the bat over his head, but ran the other way when he saw her running toward a group of workers nearby, the victim said.

One of those workers was Chris Miller, 39, of Southampton, who owns a pool cleaning company and who took the stand on Monday. Mr. Miller testified that he had seen two people run out of a driveway and eventually realized that one was a woman who was naked and in hysterics. The other, who was running after her, was a man in a white shirt and khaki pants.

One of the workers called Southampton Village Police, who found Mr. Siciliano-Nunez not far from the victim’s parents’ home on Little Plains Road, and she identified him later that morning in court as the man who had attacked her.

“This is not a whodunit,” Suffolk County Assistant District Attorney Anne E. Oh told the jury in opening statements. Ms. Oh said Mr. Siciliano-Nunez entered the home unlawfully for “his sexual gratification.”

There is plenty of evidence placing Mr. Siciliano-Nunez at the victim’s house on the morning of August 5, 2016, the attorney said. He was found with jewelry and other items, like a black bra, that were identified by the victim’s family as their own.

In addition, the victim’s mother found a backpack inside the house, which she turned over to police, that contained medical discharge papers with Mr. Siciliano-Nunez’s name on them, according to Ms. Oh.

Mr. Siciliano-Nunez had been found passed out in front of the 7-Eleven in Hampton Bays at 2:32 a.m. on the morning of the crime, according to Ms. Oh. He was taken to Southampton Hospital to be treated for intoxication and at about 7 a.m. was discharged only a block away from the home on Little Plains Road.

But Mr. Siciliano-Nunez’s attorney, David Geller, told jurors to keep an open mind and consider his client’s state of mind.

“This case is about what Marvin’s state of mind was,” Mr. Geller said, suggesting that he was still intoxicated at the time of the incident.

When Ms. Oh asked the young woman if she had smelled alcohol on Mr. Siciliano-Nunez, or if he had seemed unsteady on his feet, she said no.

According to Mr. Geller, a statement Mr. Siciliano-Nunez gave to Southampton Village Police at the time of his arrest was in English. However, Mr. Geller said, his client does not speak English.

“The police write the statements in this town,” the defense attorney said. “Police control everything.”

Mr. Siciliano-Nunez continues to be held at the Suffolk County Jail in Riverside after failing to post bail of $350,000 cash or $750,000 bond.

His fate will be decided by a 12-member jury. The trial is expected to continue this week.

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