Community Corner

Kerns' Alleged Actions 'Manipulative and Predatory:' Grand Jury

A Montgomery County grand jury alleges former Montgomery County GOP Chairman Robert Kerns drugged and raped an employee. District Attorney urged any other alleged victims to come forward.

After announcing the arrest of former Montgomery County Republican Committee Chairman Robert J. Kerns for allegedly drugging and raping an employee, displaying what a Grand Jury called 'manipulative and predatory' behavior, District Attorney Risa Ferman said that more women may have been victimized, and urged them to come forward.

"While we have no information specifically that there are other victims, I would encourage anyone who feels they have been similarly victimized to contact us,” Ferman said at a Tuesday press conference in Norristown.

A grand jury on Nov. 20 issued presentments against Kerns, charging him with multiple felony offenses Tuesday.

Kerns was, as of Tuesday afternoon, sitting in Montgomery County prison in lieu of $1 million bail.

In its report, the grand jury called Kerns' alleged actions "manipulative and predatory."

Kerns, married for 41 years and a father of two, gave authorities a DNA sample, which, police said, match DNA profiles found on the employee's underwear and pants. Authorities also found a hidden stash of alcohol, clothes and pink duct tape in the trunk of his car.

According to the affidavit, on Halloween, the employee contacted Upper Merion Township police to report the alleged rape. The police in turn contacted the Montgomery County District Attorney's Office to assist in the investigation.

The Alleged Events of Oct. 25, 2013

According to the affidavit:

The woman, described as 5-foot-1 and "very thin," was a paralegal at Kerns' Upper Gwynedd Township firm, Kerns, Pearlstine, Onorato and Hladik, LLP. She began working at the firm part-time in October 2012.

On Oct. 21, Kerns planned a party to celebrate one of his firm's attorneys passing the bar exam. Kerns'  personal assistant set the party at Radice Restaurant in Whitpain Township on Oct. 25.

The woman arrived around 4 p.m. on the day of the party, and joined other co-workers, and they discussed the potential of shopping later that evening. She was at the party for up to two hours, consuming two Limoncello shots and almost two glasses of wine. Her husband was away on business in Norway.

Prior to leaving the party, she had concerns about driving with the amount of alcohol she had consumed.

According to the complaint, Kerns offered a solution: He would take her along to King of Prussia, where he was attending a political event. He would drop her off at the King of Prussia Mall to shop while he attended the event, and would pick her up afterward and take her back to Radice to get her car.

Kerns bought a bottle of chardonnay for $68 from Radice, but asked the bartender to put it on a separate credit card slip than the bar bill. The bartender also gave Kerns two glasses to take with him.

Around 6 p.m., the pair left Radice and got into Kerns' black Mercedes S550. He asked the woman to pour them two glasses of wine from the bottle that was at the floor of her feet. The bottle was already opened and was no longer full.

According to the affidavit, Kerns drove the car with the wine in his hand and they talked about their colleague's bar exam succes. They toasted and she sipped the wine from the glass, but Kerns did not drink any from his glass.

He asked the woman if she was happy working at the firm and with her pay. She told Kerns she wished there was full-time work, as the benefits would be great. At this point, Kerns pulled out a $100 bill and tossed it at her, insisting she take it and telling her they were happy with her at the firm.

Kerns allegedly told her, "There's more where that came from." He insisted she come see him for more money and he would give her more every few weeks.

The complaint states the amount of alcohol the woman drank did not impair her ability to perceive events happening around her or impair her ability to recall those events.

The woman's last memory was being in Kerns' car at Routes 202 and 73, and the next clear memory was being in her neighborhood in the Telford section of Franconia Township, about a half hour drive from Routes 202 and 73, police said.

"By that time, though still physically incapacitated, the woman regained her consciousness and memory and was then able to observe and recall events," the affidavit states.

The woman had a vague memory of her head up against the car window and pushing Kerns away, according to the complaint. She also vaguely recalled moaning in pain at the time.

The woman recalled directing and pointing out her home to Kerns, who then pulled into her driveway and parked in the rear of the home, the affidavit says.
Kerns got out of his car and opened the passenger side door. He scooped the contents of the woman's purse off the car floor and put them back in her purse, the complaint says. The woman does not know how the contents ended up on the floor.

Kerns then helped her from the car and supported her as they walked into the home. She could not walk on her own, according to the affidavit. Kerns took her to the second floor bedroom, at which time, she went into her bathroom. 

"She was frightened because she was alone and he was in her bedroom," the affidavit states.

The woman then came out of the bathroom and collapsed on her bed "like a wet noodle," the complaint says. She was laying on her side on the far edge of the bed. She was fully clothed with a coat buttoned up to her neck, according to the affidavit.

As she was lying on her side, Kerns positioned behind her, the report says. She felt Kerns allegedly remove her pants and underwear and stroke her buttocks, the complaint says.

As she felt Kerns allegedly fondling her, she heard Kerns moaning, "Oh God," according to the affidavit. Then, she heard Kerns say, "OK, I'm leaving." After he left, she could not move and fell asleep, the complaint says.

The Woman's Injuries

The woman awoke Saturday morning in her bed, nude from the waist down. She had vomit on her torso, inside her bra, inside her camisole, and on her clothes, the complaint says. The bra and camisole were placed on her torso on top of the vomit, but she had no memory of this happening.

She eventually found her pants and underwear on the downstairs kitchen counter, the report says. Kerns had allegedly placed one of the wine glasses from his car on the counter with a $100 bill in it and some coupons that had been in her purse, the complaint says.

The woman went to the bathroom and found two fingerprint marks and scratches on the inside of her left thigh and more marks on the outside of her right thigh, the affidavit says. She photographed the injuries with her cell phone.

She also had pain in the middle of her shoulder blades and significant soreness in her vaginal area, the report says.

On Sunday, the woman went to Grand View Hospital and gave a blood sample and urine sample and had an internal examination. She was referred to Abington Memorial Hospital where evidence was collected in a rape kit, the complaint says.

A sexual assault exam at Abington Memorial Hospital revealed bruises on her breasts and a bite mark or suck mark above her right breast, the affidavit says.
Fingerprint bruise marks were found on the inside and outside of her thighs.

An exam showed tears and bruising to her vagina. 

On Nov. 7, 13 days after the alleged rape, the victim's gynecologist reported that the wounds to her vagina had bled again, according to the affidavit.

The Woman's Complaint

The woman never returned to work at the law firm. She resigned the Monday after the alleged assault.

On Oct. 28, she called a former firm colleague and friend and told her what had allegedly happened, including the injuries and exams. The friend told police that the woman was crying and struggling to give details.

On Oct. 30, the woman met with her female friend and firm partner David Onorato, who apologized to her on behalf of the firm, the complaint says.

When asked by county detectives what made her report the alleged assault six days later, she told county detective bureau Lieutenant Christopher Kuklentz, "I was processing shock over the weekend ... I guess I was very concerned with
Bob's status and how I believe he will drag my name through the mud to make me look bad to protect his reputation."

She told Kuklentz that she did not know if she could go through with it and if she could put her family through it. 

"I am worried I could go through the whole process and he could just walk away," she told Kuklentz. "I felt I had an obligation to protect others from having it happen to them."

The Investigation

Authorities analyzed Kerns' phone records, which show him at Radice Restaurant, in the King of Prussia area and in the area of the woman's Franconia Township home, the complaint says.

Police interviewed Kerns' wife, Carol, who confirmed the phone number in the investigation belonged to her husband and confirmed she called him multiple times the night of Oct. 25 and received no answer, the affidavit says.

On Nov. 6, authorities executed a sealed search warrant on Kerns' Mercedes Benz S550, the report says. Investigators immediately smelled vomit on the passenger side and noticed a substantial amount of vomit embedded in the front passenger seat material, the affidavit says. Smaller vomit stains were found on the rear seats of the vehicle.

Under the floor of the Mercedes' trunk investigators found pink duct tape, an open bottle of Gray Goose vodka, hair gel, lip balm, and KY warming gel, according to the affidavit. Also found were a blue windbreaker and a green towel, which was stained with and smelled like vomit, police said.

A Quest Diagnostics lab report of the victim's urine on Nov. 5 indicated Ambien in her system, police said, which is used as a date rape drug. The victim told police she has never taken Ambien and did not ingest Ambien on Oct. 25.
DNA testing of the victim's pants and underwear found a single, male DNA profile consistent with that of the known profile of Kerns, police said.

Kerns' Interview With Detectives

County detectives interviewed Kerns on Nov. 6 at his law office. Kerns confirmed that the woman drank wine that he had in his car, police said.

Kerns told detectives that he and the woman went to the Old Sheraton Hotel in King of Prussia, where a Republican event was being held. They sat in the car for a few hours, never actually going into the hotel, police said.

Kerns said the woman got sick in his car, and he tried to get her cleaned up and moved her to the backseat, police said.

He told detectives a couple of people may have come over to the car when he was moving her and asked if she was OK, and he said yes, police said.
When asked why he never called anyone to help, Kerns told detectives, "She had just thrown up. I knew she was not feeling very well physically."

Kerns told detectives the woman had fallen out of the car as he was trying to move her to the backseat, according to the affidavit.

Kerns told detectives the woman never lost consciousness. They waited a while in the lot and then he drove her home, the complaint says.

Police said Kerns told detectives that he walked the woman into her home to make sure she was OK. He told them he made sure she got into her bedrooom and then he left, according to the affidavit. He told authorities he last saw her in her bed, fully clothed.

Then, Kerns allegedly blurted out, "And I don't even know what color underwear she had on."  Detectives asked Kerns to explain his comment, and he allegedly said, "Well, she had an outside dress on. I don't know what else she had on."

Kerns told detectives he no longer had the wine bottle and did not know where it was, the complaint says. He told detectives he found a glass under his car seat, but threw it out, and could not remember where the trash can was located, according to the complaint.

Kerns told detectives he was not familiar with the drug Ambien, according to the affidavit. In a written statement, Kerns denied having sexual contact with the victim on Oct. 25.

Detectives said that, during the interview, Kerns was visibly sweating. They then presented Kerns with search warrants for his DNA, his home and his vehicle.

Kuklentz then told Kerns he knew his statement was "filled with things which were not true" and explained how deeply the assault had affected the woman, according to the complaint.

Kuklentz pressed Kerns to tell the truth, and when asked what had gone wrong the night of Oct. 25, Kerns allegedly said, "Can I think about it?"

Kuklentz asked Kerns if he could explain how his DNA was allegedly found on the woman's underwear and pants. Kerns told them his hands may have slid so far under her clothing when moving her that they could have contacted her bare breasts and vagina, according to the affidavit.

Grand Jury Findings

Eventually, the grand jury found probable cause to believe Kerns plotted and planned to drug the woman to render her unconscious in order to sexually assault her without her knowledge, according to the complaint.

The grand jury believed Kerns inflicted injuries so severe in the alleged rape that they were visible six days later and still bled 13 days after the alleged incident, according to the affidavit.

The grand jury also believed that Kerns, once he had allegedly rendered her unconscious, allegedly violently violated her body in his car's backseat, and allegedly used such extreme force to hold her legs open that bruising embedded into the skin of her thighs, according to the affidavit.

The grand jury said Kerns' alleged actions were "manipulative and predatory."

"Spiking a bottle of wine with a sleep inducing drug and offering a celebratory drink to an employee who had no reason to distrust her employer was a predatory act designed to yield a compliant and unaware victim," states the affidavit. "By rendering his victim unconscious, Kerns believed he could take any sex act he wanted from his victim, without her consent, and she would never remember the details."


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