The man who allegedly raped two women on Skyline College property in 2002 is currently on trial.
Raymond Gardner trial beginsTimothy Paul Layton, 45, of San Mateo was arrested in April last year in Brisbane, after San Bruno police found testimonies of rape by two women strikingly similar.
     The alleged victims -both admitted prostitutes-were allegedly raped by Layton in Skyline’s parking lot, one on March 25 and the other one on April 22 of last year.
     Both women told police that Layton picked them up in San Francisco and then took them to this campus to later assault them.
     San Bruno police found DNA evidence that shows that Layton did have sex with both women and although he first denied it, he later accepted having engaged in intercourse with both women but argued that it was by mutual consent. He had also initially told police that he had only been in Skyline with a woman once but after the evidence was found, it was revealed that he had, in fact, been with both women. Items described by the alleged victims were also found in his ’82 Chevy S-10 at the time of his arrest.
     Steve Case, Layton’s lawyer, attacked the alleged victims’ credibility suggesting that there had been no rape, that this was more a dispute over payment. He also argued that one woman said that his client held a gun to her head but such weapon was never found.
     He also questioned why the other victim waited for months to tell police that Layton had used a knife to force her to have oral sex. He also said that the condom that his client allegedly used during one of the encounters at the alleged victims request was never found. He also argued that if the defendant had in fact raped the other woman, he would have likely used a condom during the attack.
     Deputy District Attorney Jonathan McDougall, urged the jury to focus on the facts and the evidence rather than on the women’s profession.
     “The defendant has countedon the fact that the police would not believe a prostitute,” McDougall said.
     He also played a portion or a recorded interview Layton had with the police on the night of the second assault where the defendant admits having been in Skyline with a woman only once, which conflicts with the evidence found.
     There was also a forensic testimony by nurse practitioner from the San Mateo Medical Center Dianna Cummings, who analyzed a medical report on one of the two women saying her injuries were consistent with sexual assault.
     The defendant was offered a guilty plea deal on December 10, 2002 to avoid the two women’s testimonies; this would have reduced his sentence to 20 years but the deal was rejected and their testimonies were heard.
     Layton remains in custody in Redwood City and is being held with no bail. His last hearing was on Feb. 14, 2003 and is scheduled to appear to court again on March 27.
     The defendant is being charged with felony counts of rape, oral copulation and the use of a weapon. Layton faces 115 years to life in prison if found guilty.