YOU READ IT HERE FIRST: Jurors this afternoon convicted a Hackensack man of raping a 13-year-old girl after plying her and a 15-year-old with alcohol and drugs.
The jury deliberated for roughly three hours in Hackensack before returning a series of guilty verdicts against Ivan McKinney.
McKinney, 39, showed little reaction as the verdicts to multiple charges were read. Later, he turned, smiled and waved at his parents.
Superior Court Judge James J. Guida revoked McKinney’s bail over the objections of defense attorney Jeffrey B. Steinfeld, noting that McKinney is looking at a potential prison term of 25 years to life when he is sentenced May 31.
McKinney faced 14 separate counts, including four of causing harm to underage children. Other charges include kidnapping the 13-year old by “removing her a substantial distance without permission of a parent” and multiple counts of raping each girl when they were incapacitated, as well as impairing the morals of a minor.
Jurors convicted him of all of the counts except for aggravated sexual assault and sexual assault of the 15-year-old.
“We are pleased with the verdict and the time and attention a jury of our peers gave this most important and serious case involving sexual abuse of two young girls,” Assistant Bergen County Prosecutor David Calviello said. “This case is an example of our system at work.”
Steinfeld said he had no comment, except: “We expect, at this time, there will be an appeal.”
During closing arguments in Hackensack yesterday, the defense attorney called jurors’ attention to what he termed “inconsistencies” in the testimony of the two victims, who were 13 and 15 at the time of the alleged February 2011 incidents.
“There is no evidence of any sexual assault or sexual activity” by McKinney, Steinfeld said.
However, Calviello countered with a text message that McKinney sent to an acquaintance the night of Feb. 19, when the girls allege that he sexually assaulted them.
“They are over here kissing each other. I got one, should I go for two?” the message to Frank Court said. “Yo, that Nuvo got ‘em buggin’.
“They wasn’t drunk, they was horny.”
Nuvo is a sparkling vodka drink that is 15% alcohol.
In addition to the lack of blood and urine tests of the victims that he said would have proved whether they were drugged, Steinfeld said holes in the case included the lack of empty 4-Loco bottles recovered from the crime scene, the illogical sequence of events as testified to by the victims, and their social behavior that included “running away a lot,” as well as being out at 3 a.m.
According to Calviello, the girls were in the in the Dunkin’ Donuts at 3 a.m. on Valentine’s Day two years ago to charge a cellphone.
McKinney was in the restaurant when they arrived but left, then came back after a few minutes, sat near them, and struck up a conversation — indicating that he had been watching them from outside the restaurant, the prosecutor said.
McKinney then took them back to his room at a boarding house in Hackensack and gave them alcohol and drugs before bringing them back to Clifton around 6 a.m., he said.
He arranged to meet the two again on Feb. 19 near the Clifton Shop-Rite and bring them to the rooming house once again.
The older girl testified that she opened her eyes while incapacitated by the drugs, alcohol or both and saw McKinney on top of her friend with his pants open.
The younger girl’s eyes were closed and she didn’t appear to know what was happening, she said.
The older girl also testified that at the same time her own pants were around her ankles and her underwear around her knees.
STORY / PHOTOS: Mary K. Miraglia, CLIFFVIEW PILOT Courthouse Reporter