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Man found guilty of kidnapping By CHRIS BRISTOL A Medford man who insisted he was not guilty of kidnapping one of two women he admitted trying to rape got his day in court Tuesday. But so did one of his victims. And now, David Pennisi faces at least 70 months in prison. Pennisi's defense centered around his intent on the night of May 1, when he attacked a female pedestrian on a dark street near the corner of Table Rock and Merriman roads. He was arrested May 10 after he tried to rape a maid at the City Center Motel. Stranger-to-stranger rapes are relatively rare in the Rogue Valley. Pennisi, 30, freely confessed his intent in both attacks, but he denied that he tried to kidnap the first victim. Judge Patricia Crain disagreed, finding him guilty of second-degree kidnapping and lesser charges that he admitted. Despite a recent history of mental problems, Pennisi was found legally competent to stand trial. Kidnapping, unlike attempted rape, is a Measure 11 offense that carries mandatory minimum prison sentences. The first victim testified she was walking home just before midnight when she became uncomfortably aware that a man she just passed on the street had turned around and was following her. The victim, 20, said she picked up the pace, then began running when she realized the man was closing on her fast. "He grabbed me from behind, covering my mouth with one hand and reaching around (my stomach) with the other," the woman testified. "I started kicking and screaming right away." The woman testified that Pennisi dragged her across the street toward a field. She finally broke free and ran to a nearby house for help. Defense attorney Peter Carini argued that the charge of second-degree kidnapping wrongly overlapped the attempted rape charge. Carini said kidnapping requires intent and "movement" beyond the underlying act. "There's always going to be some movement incidental to an act of rape or attempted rape," he said. His client didn't testify. But Deputy District Attorney Karen Loomis argued that the law requires the state to prove only that a defendant "substantially interfered with someone's liberty." Crain saw it that way, too. Because Pennisi waived his right to a jury, the judge's opinion was the only opinion that mattered. "Just because he wasn't very good at it (abducting victims) doesn't mean it wasn't his intent at the time," Crain reasoned. Moments before the trial got under way, Pennisi pleaded guilty to first-degree burglary for attacking the motel maid. In exchange, prosecutors dropped charges of attempted rape and fourth-degree assault. Pennisi also pleaded no contest to second-degree sexual abuse in connection with a third case. In that case, prosecutors said Pennisi repeatedly forced himself on a fellow patient at a group home for mentally ill people to which Pennisi had voluntarily committed himself. Loomis said she negotiated a reduced plea in the case mainly to protect the victim from having to testify. The May 1 attack occurred the day Pennisi was transferred to a new group home in the Table Rock Road area. A sentencing date was not set. Judge Crain ordered Pennisi to submit to an extensive pre-sentence investigation. He faces a minimum sentence of 70 months in prison, thanks to the kidnapping conviction. After court adjourned, Loomis said she admired the way two of the victims fought back. The motel attack lasted anywhere from three to five minutes before the maid escaped and summoned help. On the other hand, Loomis said the tactic can backfire in certain situations, especially if an assailant is armed. "Fighting back worked for them -- this time," Loomis said. "That's not to say it always works." Today's Edition : News | Sports | Business | Weather | Tempo | Classifieds Mail Tribune Copyright � The Mail Tribune 2000, Medford, Oregon USA