At her preliminary hearing in Sept. of 1984 Bitterman testified that she never got a good look at the man who raped her. Eleven years later she testified that she "got a good look at the rapist - John Ewing."

Attorney Adams pointed out to her, and to Judge Schmucker, how diametrically different her 1995 testimony was from her original statements.  He also brought in an expert witness in the area of memory and eye-witness identification.   Schmucker, ignoring science, logic, and the fact that a jury had already acquitted Ewing, ruled by a "preponderance of the evidence" that Ewing raped Bitterman.  The ruling is especially ironic since Schmucker denied the defense's discovery motion for the physical evidence to conduct DNA testing.