By Chad Nation
The World-Herald
January 27, 2011
http://www.omaha.com/article/20110127/NEWS97/701279842
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COUNCIL BLUFFS — A Council Bluffs woman testified Wednesday that the pastor of her church forced her to have sex with him, but that she was afraid to tell anyone at the time.
Her testimony on those two points mirrored Tuesday's testimony of a teenager who said she was assaulted in 2003 at the church when she was 11 years old. However, there appeared to be some confusion on when the alleged assault of the woman took place.
The woman testified Wednesday in the trial of Efrain Umaña, 55. He is charged with second-degree sexual abuse, third-degree sexual abuse and two counts of assault with intent to commit sexual abuse.
The woman was a member of Templo Monte Horeb in Council Bluffs where Umaña was once the pastor. She said Umaña forced her to have sex one time when he visited her home.
The woman said she was comfortable with Umaña in the beginning and even discussed marital issues with him.
She testified, through a translator, that on the day the assault took place he arrived at her house as she got home from work. She went to change her clothes and when she reappeared, she said, Umaña "got close to her."
"He tried to hug me, but I got away from him. But he got behind me, and he hugged me, and I asked him, 'What are you doing?' He didn't say anything," she said. "He told me to take off my clothes, and I said no. He told me to obey and I said, 'I'm not going to do nothing.' He told me to obey and, 'I'd like obedience from you.'"
At that point, she said, he unbuttoned her pants, threw her on the floor and assaulted her.
Under cross-examination, Bill McGinn, Umaña's attorney, questioned the woman's time frame. She testified she didn't remember what month the assault took place, but that it was hot outside.
McGinn noted that her youngest child was born in September 2007. "So you were six to nine months pregnant when this happened?" McGinn asked, pointing out that trial information stated the attack took place between June 1 and the last day of September in 2007.
"He abused me sexually in 2006," the woman said.
"You've made written statements, had depositions and you never corrected anybody on when the allegations took place?" McGinn said.
"I don't remember giving a date," she said.
The woman said she began to speak about Umaña's actions after other women came forward to church leaders with concerns about his behavior. She said she was too afraid to tell anyone before others spoke up.
"I had no idea he was doing this to other people. ... It is not fair that he continue harming people. I felt lots of pain when I found out that he was harassing other women," she said.
Two other women, also Umaña's parishioners, testified he made unwanted sexual advances toward them.
One woman said Umaña called her to the church to pick up some food, and while they were alone, he hugged her and kissed her on the mouth. The other woman testified Umaña pressed against her and kissed her on the neck while she was cooking at the church.
McGinn asked both women if the kisses could have been greeting kisses, but the women said no.
"A kiss on the mouth? I only do that with my husband," one of the women said.
Fourth District Court Judge Richard Davidson told the jury Wednesday that the case could be concluded Thursday or Friday.
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