The bizarre case of Duane Hurley and Daniel Kovarbasich
'I Didn't Like it'
As Danny's testimony continued, he explained that he knew Hurley would expect to have sex with him if Hurley helped him accomplish his anniversary plans with this girlfriend. He explained that he did not like it and that he had told Hurley as much. However, he seemed to have difficulty explaining why he continued to have sex with Hurley.
"I told him I didn't like it," Danny testified. "For some reason I did it a couple more times. I didn't want to do it anymore. I tried to explain and I stopped going over there."
After Danny stopped visiting Hurley, Hurley would either show up in person at Danny's house or call him on the telephone. He indicated that he felt pressured to go with Hurley because he did not want to make a scene, apparently in front of others, such as his family.
On the evening of January 21, 2010, Danny testified that he and Hurley had spoken to each other and that Hurley had said that he could stay at his house the next day and not have to attend school. Hurley also purportedly told him that he would help him with the anniversary celebration for Katie. Danny told him that he did not want to have sex with him anymore and Hurley had agreed—but he had apparently agreed to not have sex on prior occasions, and on those occasions things had not turned out the way that Danny had hoped. Danny said that he wanted to believe him, but had "kind of thought he might want me to do that," apparently referring to more sex.
After being dropped off at Hurley's house the next morning, Danny said that he and Hurley began talking about the one-year celebration. According to Danny's testimony, Hurley at one point went from the living room to the bedroom. Danny said that he did not want to go into the bedroom, but went there anyway—supposedly to use the computer. He said that he could not access the Internet, and began talking to Hurley about the celebration after shutting off the computer.
"He started saying, 'you want this with your girlfriend. You think I'm going to do this for nothing?'" Danny testified. "I just wanted the weekend to be me and my girlfriend. I'm trying to think of how to explain it. I just seen the look, and I knew."
"What did this 'look' mean to you?" Bradley asked.
"I was going to have to have sex with him," Danny responded. "At that point I didn't want to do it anymore. I hit him with the pickle jar."