89-year-old victim testifies in Westmont rape, robbery trial

An 89-year-old woman on Tuesday testified about how she was raped and robbed two years ago by an intruder inside her Westmont apartment.

Her testimony came during the trial of Tevin Rainey in DuPage County Court. Rainey, who has no known permanent address, is being tried on charges of aggravated criminal sexual assault, armed robbery, home invasion and aggravated kidnapping.

The victim said she was sleeping around 5 a.m. on Jan. 1, 2015, when a bright light woke her and she discovered a man removing her clothes.

The man sexually assaulted her, "but I didn't struggle," she told Judge Brian Telander, who is overseeing the bench trial.

After the attack, she said the man told her to get dressed and ordered her to come with him to get money.

She said she never saw the man's face because after the attack he was either behind her or had his face covered.

"I told him I only had $20 and I gave it to him," she said.

She said she then drove the man to the TCF Bank on Plainfield Road in Willowbrook where she withdrew a combined $300 from her checking and savings accounts and gave it to him.

Prosecutors showed video footage from the ATM showing the woman making the transactions.

The victim testified the man had a gray handgun and threatened her throughout the ordeal.

"He told me that if I said anything he'd seek me out and kill me," she said.

After taking the money, the man ordered her to drive to a nearby apartment complex, where authorities believe his aunt lives, and walked away from the car.

The victim said she asked the man for directions back to her apartment. After returning home and calling 911, she was treated for her injuries at a nearby hospital.

Westmont police officer David Hamblin testified he was the first to arrive at the woman's apartment, where she gave detailed information about the attack.

"She appeared shaken but she was clearly able to articulate what happened to her," he said,

Assistant State's Attorney Cathy DeLaMar said Rainey was arrested a short time later when he was seen leaving the Waterbury apartment complex with another man. Rainey was a passenger in the car.

During the traffic stop, police found the gun believed to be used in the attack under the driver's side floor mat.

DeLaMar said Rainey's DNA, along with the victim's, were found on the grip of the gun, on the victim's underwear and on the passenger seat of the victim's car.

Assistant Public Defender Jennifer Maples, however, said this is a case where prosecutors have the "wrong man" and maintains DNA evidence will not identify Rainey in the case.

"Tevin Rainey has not committed any crime," she told Telander. "Law enforcement has honed in on this one suspect and continues to blame him for something he did not do."

The trial is expected to continue into next week in courtroom 4004.