Posted by chicagomedia.org on September 28, 2008 at 16:40:46:
Attorney to subpoena tape in rape case
The attorney for a Gurnee man accused of raping a Fox Lake woman while on a date will subpoena audio tapes from the radio station that set the two up.
Attorney Greg Nikitas said Wednesday he will contact Waukegan radio station WXLC to get tapes from a February 2007 broadcast where his client, Travis Harvey, and the alleged victim talked about their date.
Harvey, 46, of 974 Knowles Road, and the then-23-year-old Fox Lake woman met during WXLC's "Win a date with Travis" promotion in early 2007. The premise of the promotion was to find Harvey a date, because he was a single father and too busy for the dating scene, Nikitas said.
Harvey and the woman were introduced at a station-sponsored event at Anastasia's Restaurant and Sports Lounge in Waukegan on a Tuesday and then went on a date the following Saturday. It's during the second meeting that the assault allegedly happened, said police.
The victim told The News-Sun that she and Harvey went on the air during WXLC's morning radio show the day after the initial meeting and discussed their upcoming date. That was the last time they were on the air, she said.
Nikitas told Judge George Bridges that he was just recently told that the victim and Harvey spoke on the air after the date and she may have alluded to something going wrong while on the air.
Prosecutor Ken LaRue said in court that he was unaware that the two spoke on the air following the alleged rape, and believed they only spoke before the date.
Messages left for WXLC management seeking comment were not returned Wednesday afternoon.
The criminal sexual assault trial is set to begin Monday.
(Waukegan News Sun)