The McShane Firm, LLC - Law Offices

Defandant Describes His Trysts

The Daily Local

Thursday August 30, 2007

By R. Johnathan Tuleya

A Valley tow truck driver charged with drugging and sexually assaulting three employees described for a jury Monday the trysts he had with one of his accusers and an erotic Christmas card photo-shoot he conducted with a second.

But Mark Ethan McFall testified his heart belonged to a third man with whom he had been friends for more than a dozen years – and who also has accused McFall of similar crimes.

“(That alleged victim) and I had a very long-term, much closer relationship” than the defendant had with either of the other men, McFall said.

“I really liked (him) … We were like right hand and left hand together,” McFall said. “I didn’t feel as good without him there.”

The defendant testified his relationship with each of the men was consensual and none involved slipping his accusers medications to render them unconscious.

McFall, 43, owner of McFall’s towing in the 1100 block of West Lincoln Highway, is charged with rape and multiple counts of involuntary deviate sexual intercourse, sexual assault, unauthorized administration of an intoxicant and related offenses.

Due to the nature of the allegations, the names of the victims have been withheld.

Early in his testimony, McFall told the jury he is bisexual. He said his sexual orientation is known to his family but he never before went public about it.

“Is it something you’re ashamed of?” asked his attorney, Justin J. McShane.

“No, but I don’t go riding around with rainbow decals on my vehicles,” McFall said. “I didn’t think it was appropriate for business because of the public’s perception … West of Coatesville is redneck. It’s just a different type of area.”

But that did not stop him from asking one of his alleged victims to pose for naked photographs in front of one of his tow trucks. McFall testified he planned to use the picture for a version of his towing company’s Christmas card that he sent to some companies with whom he did business.

“I have some of my clients who would rather have a picture of a guy,” McFall said.

State police found the pictures when they searched McFall’s towing in November 2005.

Two weeks earlier, the subject of the picture reported to police that the defendant had drugged him while he and McFall were on their way to pick up a disabled truck in King of Prussia.

Earlier in the trial, the alleged victim testified he did not remember towing the vehicle or having his picture taken. He said he regained consciousness undressed and sprawled across an ATV in the towing company’s garage, reportedly with the defendant molesting him.

According to McFall’s statements to the jury, McFall and two of his other alleged victims were willing participants in a love triangle.

He described an incident in January 2003 when these two accusers arrived at his shop intoxicated after the defendant had called him there to tow a vehicle.

McFall said he went on the job himself and returned less than hour later to find the alleged victims engaged in sex on a waterbed in an apartment above his business.

Though the defendant said he had had intimate encounters with both men, he felt upset with the man with whom he had been involved “long-term.”

“There were only two people (he) was supposed to have any kind of relationship with,” McFall said, “and that was me and (his fiance).”

McFall, 43, was arrested in November 2005 after police searched his business and reportedly found pictures and video of the three alleged victims, as well as hundreds of bottles of pills, including barbiturates, sleeping aids and prescription painkillers.

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