Trial Begins For 28-Year-Old Montco Man Accused Of Raping 6-Year-Old Girl In Hatfield

MONTGOMERY COUNTY (CBS) -- The trial is underway for a 28-year-old Montgomery County man, accused of breaking into an Hatfield apartment, climbing into the bed of a 6-year old girl, and raping her.

Prosecutor Stew Ryan tells the jury in his opening statements, "you will hear [that little girl's] worst nightmare, and look into the eyes of her worst nightmare," indicating the defendant 28-year-old Oscar Rivera Herrera.

The victim's brother, now 12-years-old, testified he woke up in the middle of the night, his bunk bed bed shaking. The brother said he heard a man's voice speaking Spanish from his sister's bed above him.

He said he saw a man's body in that top bunk, sweatpants gathered around his ankles. He called 911 as his stepfather held the man until police arrived.

Prosecutors say an exam of the little girl at Children's Hospital of Philadelphia shows evidence of a rape.

Herrera's attorney, in his opening statement, doesn't dispute his client broke into the apartment, but does question what happened in the bed, telling the jury, "you will find my client guilty of some things, but other charges he should not be found guilty of."

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