Carolyn Peirce, The Examiner
2008-03-06 08:00:00.0
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BALTIMORE -

After facing kidnapping, attempted kidnapping and false imprisonment charges, Patrick McMahon, 37, of Dayton, walked out of Howard Circuit Court late Tuesday with a second-degree assault conviction.

Rukayat Osoba, 21, of Columbia, testified during the one-day trial that she thought he was a lost pizza delivery man but then became alarmed when he grabbed her and dragged her toward his car in front of her house on the 6000 block of Lilac Bush Lane in July 2007.

McMahon insisted he only asked her for directions. He called Osoba’s story “a complete joke.”

“They had no proof,” McMahon said, citing a lack of DNA evidence.

“I deny everything, and all facts point to that.”

Judge Richard Bernhardt acquitted McMahon of the kidnapping charge before the jury deliberated for more than five hours and found him not guilty of attempted kidnapping.

Prosecutors said McMahon would not have assaulted Osoba unless he was intending to kidnap her.

“I believe [Bernhardt’s] reasoning was that he didn’t believe there was enough movement of the victim,” said Assistant State’s Attorney Susan Weinstein.

“Although [Osoba] testified that he was pulling her toward his car, she was at the same time pulling back, and because of her struggle with him, there was very little movement to the car and [Bernhardt] thought it really was more of an attempt than a kidnapping.”

Bernhardt also declared a mistrial on the false imprisonment charges, because the jury did not reach a verdict.

Weinstein said police didn’t gather DNA, because it’s expensive and generally used if they don’t know who committed the crime. McMahon was identified when he returned to the scene and later admitted to being there, according to charging documents.

“I’m 100 percent innocent,” McMahon said.

“I would love to tell you the complete story, but I have to finish up with taking care of [legal] matters.”

He would not confirm whether he knew Osoba before the incident and said he doesn’t know why she claims he tried to kidnap her.

“Why don’t you call [Osoba] and between her three or four stories, you try and figure it out,” he said.

A hearing will be held Tuesday to determine whether McMahon should be retried for the false imprisonment charge.

cpeirce@baltimoreexaminer.com