Middletown woman gets at least 30 days for making false sexual assault report

Veronika Rodriguez, the 27-year-old Middletown woman convicted of falsely telling police that a fellow Air National Guard member raped her, and recording the encounter without his knowledge, was sentenced on Wednesday, Aug. 20, to 30 days to two years less one day in Lebanon County prison.

A Lebanon County jury in May found Rodriguez guilty of making false reports to law enforcement authorities, a misdemeanor carrying a potential two-year jail sentence, and two counts of “interception, disclosure or use of wire, electronic, or oral communication,” each a third-degree felony carrying a potential seven-year jail sentence.

Rodriguez alleged that she was sexually assaulted in a remote area of Fort Indiantown Gap in January 2023 by fellow guardsman Fahad Pervez, a New York medical doctor. Pervez maintained the two had consensual sex in his vehicle after they dined at Frogs Hollow Tavern.

Investigators at FTIG initially believed Rodriguez’s report, but after examining the contents of her cellphone, dozens of text messages found on it, and the recording she made, they concluded that Pervez and Rodriguez had consensual sex. As a result, they charged Rodriguez, not Pervez.

At trial, prosecutor Amy Muller contended that Rodriguez, a new Guard recruit, lied about the nature of her relationship with Pervez, a major, because she feared a sexual encounter with a superior officer would be considered forbidden “fraternization” and jeopardize her future with the Guard.

Investigators said Rodriguez at first provided them with just a portion of the recording she made of her encounter with Pervez, but they recovered the entire 55 minutes of audio and video from her phone. The entire recording, spanning dinner at Frogs Hollow through sex in Pervez’s jeep, was played for the jury.

Throughout the recording, Rodriguez and Pervez could be heard laughing and engaging in small talk, which was at times sexually suggestive. Eventually, they can be heard loudly engaging in what sounds like sexual intercourse, before being interrupted by police. The recording does not contain any obvious indication that Rodriguez was alarmed or upset.

Muller also showed the jury some of Rodriguez’s post-encounter text messages to friends, one of which started, “The sex was great.”

Defense attorney Ian Ehrgood argued at trial that the investigation by FTIG police was shoddy and used inexperienced officers. Among other failures, he maintained that no attempt was made to obtain surveillance video from Frogs Hollow, no “pretext call” was made to Pervez to see if he could be trapped into an admission, and no polygraph tests were administered to anyone.

Ehrgood also presented psychologist Dr. Sheri Vanino at trial to explain Rodriguez’s texts that suggested a consensual encounter. She told the jury that rape victims often react in “counterintuitive” ways during and after their assault, including denying that they’ve been raped. Almost all victims blame themselves to some extent, she testified, and 75% continue to associate with their assailant.

At sentencing on Wednesday morning, Ehrgood told Judge Charles Jones that his client, who holds nursing and cosmetology licenses, wants to get her bachelor of science in nursing when her sentence is completed. He cited her “heavy community involvement,” including helping her neighbors, and noted that she had “taken up gardening” since trial.

Ehrgood referred Jones to the many letters Rodriguez’s supporters had submitted on her behalf, saying “they really outline what kind of person she is,” urging the judge to look at “that bright light that is Veronika.”

Ehrgood asked Jones to give Rodriguez two years of probation, pointing out that such a sentence was authorized by Pennsylvania sentencing guidelines.

Muller, on the other hand, emphasized that “the jury heard all the evidence, all the facts, including the entire tape, and determined that [Rodriguez] lied. She gave police an altered recording, but police recovered the whole recording from her phone.”

Pointing out that police could have charged Pervez with serious crimes had they continued to believe Rodriguez, Muller told Jones “these scandalous allegations could have destroyed his life.”

Muller asked the judge to impose a 1- to 23-month jail sentence.

Reading from notes, Rodriguez told Jones she had acquired “strong family values from good parents” and that her parents and sister were ill. She added that she had a “lifelong passion for breeding and showing rabbits.”

Rodriguez said she was diagnosed with “major depressive disorder and post traumatic stress syndrome” in 2023 and that she was the “victim of military sexual trauma,” without attributing any of them to her encounter with Pervez.

Throughout her remarks to Jones, Rodriguez did not mention her encounter with Pervez or her role in it.

Jones told Rodriguez that what troubled him most was that police could have believed her and charged Pervez. “A whole lot of people jumped to conclusions.” But, he said, the jury heard everything and “they put it all together.”

The judge also criticized Rodriguez for her demeanor at trial. “You just didn’t really grasp the significance of what was going on. Pervez could have been on trial.”

Jones concluded by telling Rodriguez, “I hope you think back and reflect on this case and make the necessary changes going forward.”

Jones said that in deciding on a sentence, he recognized that Rodriguez had a good employment history and no criminal record.

On the two felony charges against Rodriguez, “interception, disclosure or use of wire, electronic, or oral communication,” Jones sentenced Rodriguez to concurrent sentences of 30 days to two years less one day in the Lebanon County Correctional Facility. On the false reports to law enforcement authorities charge, a misdemeanor, Jones sentenced her to a concurrent one-year probation.

Rodriguez will also have to pay court costs, fines totaling $75, submit a DNA sample, and perform 100 hours of community service.

Jones ordered that Rodriguez be immediately released from prison at the end of her 30-day minimum if she avoids disciplinary action while an inmate.

Appeal planned?

Ehrgood asked Jones to release Rodriguez on bail pending appeal. Jones said he would consider doing so if and when an appeal is filed.

Outside the courtroom, Ehrgood said an appeal was likely, but that he would not be Rodriguez’s appellate lawyer. He refused to speculate on any grounds for an appeal, saying only that he had been informed that Rodriguez’s family had already hired an appellate attorney. Ehrgood declined to identify Rodriguez’s appellate lawyer.

Rodriguez supporters attack prosecutor, judge, defense lawyer

Rodriguez supporters have conducted an aggressive and often highly personal social media campaign targeting Lebanon County District Attorney Pier Hess Graf and her decision to charge Rodriguez, not Pervez.

At the heart of their campaign is a Facebook group known as “Pier Hess Graf hides cop sx trafficking rings,” run by Ephrata resident Kimmy Baylor. Baylor told LebTown in a May 7 Facebook Messenger exchange that she is behind the group. Referring to Graf, Baylor stated that “[e]very single person who knows her from the past confirms she’s a sociopath and a huge racist.”

Hours before sentencing on Wednesday, Baylor attacked Jones on Facebook, referring to him as “Chuckie,” and referring to Hess Graf “as your prosecuting adultress.” In a Tuesday Facebook post, Baylor referred to “nutless men” who “want to bend over to do Pier Hess Grafs [sic] bidding,” followed by “JONESY. I KNOW YOU’RE WATCHING. ARE YOU UPSET THAT ALL THE LETTERS BASH A PROVEN RPST?”

On Tuesday, Baylor posted “Here’s another panty twister for you to stew about tonight Chuckie Jr. Tell that little blonde b*tch it’s her turn to cry,” an apparent reference to Hess Graf.

Earlier on Tuesday, Baylor targeted defense attorney Ehrgood, calling him an “incompetent, paid off, nutless ‘lawyer’ … too exhausted to bring up” certain issues at trial.

Jones made no mention of Baylor’s posts during sentencing.

Hess Graf has in turn accused Baylor of making over 200 harassing phone calls to the DA’s office in connection with the Rodriguez prosecution. She has referred the matter to the state Attorney General, who has filed 18 misdemeanor counts of harassment by communication involving “lewd, lascivious, threatening or obscene words, language, drawings or caricatures” against Baylor.

Those charges are filed in Lancaster County since prosecutors allege they originated from Baylor’s Ephrata residence. An Ephrata magisterial district judge ordered Baylor to stand trial after a May 12 preliminary hearing.

Baylor’s attorney, Nathan Charles, has said he intends to seek dismissal of the charges on constitutional free speech and “selective prosecution” grounds.