Split decision in attempted rape trial of former UD pitcher Clay Conaway

Jurors returned a split decision in the trial of a former University of Delaware baseball player charged with trying to rape a woman inside what an attorney referred to as the university’s "baseball house."

Clay Conaway was found guilty of a lesser charge of third-degree unlawful sexual contact and not guilty of strangulation.

"When you're facing having your heart cut out and you lose your little finger, little finger doesn't hurt that much," said Joe Hurley, one of Conaway's attorneys.

Had the jury of seven men and five women convicted Conaway of the more serious charge of second-degree attempted rape, the 23-year-old would have been facing a sentence of 10 years to life in prison. The unlawful sexual contact is a misdemeanor, which means he could face a maximum of up to a year in prison. 

Conaway is already serving a five-year prison stint for an earlier conviction. 

Hurley said he felt pride in the jury's dedication to the matter. 

"I had that feeling before the verdict came in," he said. "It happens to be a correct verdict, even if it had been an incorrect verdict. They did what a lot of people won't do; they stayed at it and stayed at it and stayed at it until justice was done."

After the jury left the courtroom Friday after two days of deliberations, Conaway turned to his parents, mustering a smile. He was then handcuffed and led out of the courtroom. 

The attempted rape and strangulation charges argued during the weeklong trial were brought on by one of six women who have accused Conaway of sex crimes from 2013 to 2018. 

This was Conaway's second trial. The first trial, which took place in September, resulted in Conaway being convicted of fourth-degree rape.

He was sentenced to five years in prison, which he has started serving.

FIRST TRIAL:Clay Conaway sentenced to 5 years in prison on rape conviction

During this most recent trial, prosecutors focused on the testimony of a woman who said Conaway pinned her to a bed, tried to reach into her pants and strangled her as she resisted.

After meeting through the dating app Tinder, the woman agreed to come to Conaway's home on Continental Avenue in Newark in November 2017 to hang out and possibly watch a movie, she testified.

Upon her arrival, he led her to his bedroom where they sat on a couch and talked. After some time they moved to his bed. That's when he came in for a kiss and she obliged.

But as she pulled away, things changed, she said.

The woman testified Conaway threw her on the bed, put himself on top of her and began touching her over and under her shirt. Each time she moved his hands off her, he'd move to a different part of her body, the prosecution said.

Also on Wednesday, prosecutors invoked testimony from the woman's mother and a former roommate to corroborate the woman's account.

The day before, Conaway's attorneys focused on inconsistencies in the woman's testimony. This included descriptions of Conaway's bedroom, such as sports memorabilia that she claimed she saw not being there, and the woman saying there were no pets in his room when Conaway had a working fish tank and hamster. 

CONAWAY'S DEFENSE: Attorneys focus on inconsistencies

Conaway's attorneys also had Newark police Detective Paul Keld testify that he allowed the victim's mother to interject facts he had not brought out of the victim during the initial police interview.

Accusations of witness coaching surfaced most days of the trial. The victim's parents are both attorneys.  

Last week, the accuser's father appeared to faint when being asked by Superior Court Judge Richard F. Stokes about potential coaching of his daughter and wife via his cellphone.

On Feb. 14, Natalie Woloshin, Conaway's former attorney who was spectating at this trial, told Stokes she heard the mother screaming in the presence of the accusing witness in a small conference room outside the courtroom during the lunch break. 

On Monday, Conaway's cousin, who has attended each day of the trial, told Stokes she overheard the accusing witness say on Feb. 14: "I didn't know what to say. I didn't know what to do." 

Joe Hurley, one of Conaway's defense attorneys, asked the accuser's mother outright and she denied coaching her daughter. 

Contact Esteban Parra at (302) 324-2299, eparra@delawareonline.com or Twitter @eparra3.