(01/12/2006)
More accusations surface in rape case

By David Hedges, Publisher

Times Record-Roane County Reporter

A woman accusing her brother of raping her some 50 years ago said another brother also tried to rape her around the same time.

The accusation came out in a hearing on a motion to dismiss charges against Orville Trembly, 71, of Vienna, who is accused of raping his sister, Zelda Trembly Eagle, in the 1950s.

Defense attorney George Cosenza of Parkersburg called Eagle to the stand in the hearing last Wednesday, and asked her if she had told special prosecutor Matt Minney that her other brother, Dallas, had raped her around the same time.

"I said he tried to," Eagle responded.

Dallas Trembly, who is not charged with a crime, took the stand later in the afternoon and denied the claims.

"Did you rape her?" Cosenza asked.

"No. Absolutely not," Dallas Trembly responded.

Dallas Trembly is Eagle's full brother. Orville Trembly is her half-brother, born to the same mother out of wedlock before Eagle's father adopted him.

Eagle appeared before a grand jury last year and presented her case herself, without the assistance of a prosecutor or police officer. The jury returned indictments charging Orville Trembly with two counts of rape.

Trembly has denied the allegations and filed a defamation suit against his sister.

Cosenza has asked that the indictment be dismissed because the delay in prosecuting the case hurts his client's chances of having a fair trial.

In a hearing on the motion last month, Eagle said that because of her young age at the time, she did not realize what her brother was doing to her was wrong. She said the assaults took place when her brother took her into the woods to go squirrel hunting.

As she got older she said she was afraid to make the allegations public because she did not want to hurt her parents.

During the hearing in December, Eagle explained that her father was dead and her mother was in a nursing home and suffering from Alzheimer's.

She said she finally decided to come forward after she spoke with her sister in 2004 and was told Orville had raped her as well ...

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