City man on trial for rape
Andrew Malachin, 48, charged with 2 counts
WARREN — The 14-year-old daughter of an alleged rape victim told a Trumbull County jury she thought it was strange to see the defendant shirtless, coming out of her mother’s bedroom the early morning of Feb. 6.
Her testimony is just one of a half-dozen state witnesses coming to the stand against a Youngstown man charged with two counts of rape.
Testimony will continue today in county Common Pleas Court in the trail of Andrew Malachin, 48, of Cleveland Street, Youngstown.
The 37-year-old female victim told the jurors about sharing drinks with Malachin and his wife at the Ice Breakers pool hall in Weathersfield the night before the alleged assault took place.
The woman, who had recently moved back to the Mahoning Valley after going through a divorce in Florida, said she has known Malachin since she was a child.
“He was my mom’s best friend,” she said.
The woman said she had one mixed drink and a shot when Malachin went behind the bar to mix a vodka drink for her. After drinking about half of that drink, the woman testified she became violently ill.
“I didn’t remember anything after that,” she told assistant Prosecutor Gabriel Wildman during direct testimony.
The next thing she remembered was waking up naked in her bed in the Liberty home of her aunt and uncle, where she and her two daughters were staying.
She said she couldn’t see, couldn’t walk and suffered from severe pain.
“Subconsciously, I knew that something was wrong,” the woman said during cross-examination from defense attorney Mark Lavelle. She said she knew that Malachin had raped her.
The woman’s 14-year-old daughter was playing a video game in her mother’s bedroom when Malachin brought her home from the bar.
“He (Malachin) told me to turn the game off because it was late” and her mother had to sleep, the teen told the jurors.
The teen testified she thought Malachin had gone home but said she was surprised to see him coming out of her mom’s room.
“It was strange that he didn’t have a shirt on, no shoes or socks,” the teen said.
Later, Wildman played the video of the interview Malachin had two days later with Liberty detective Sgt. Mike Shuster.
On that video, Malachin denied assaulting the woman.
“She is like a daughter to me,” Malachin told the detective during the interview.
Malachin also said during the police interview he had been accused of drugging the defendant.
On the video, Malachin told the detective the victim had many more drinks than what had been previously stated by the victim and the bartender.
During opening, Wildman told jurors DNA evidence will show that the defendant’s semen was found on the victim.
Defense attorney Mark Lavelle told jurors, however, a physical exam of the victim at the hospital showed no rape had occurred, and both defendant and victim were too drunk to remember what happened.
Malachin, who was arrested March 2, was freed eight days later after posting $5,000 bond.