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    Friday, October 19, 2018-5:13:56P.M.

     

     

     

     

     

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Preliminary hearing in rape case resumes today

THE preliminary hearing for two of the four men accused of raping a heavily intoxicated woman will resume today, Monday.

On Friday, before Superior Court Associate Judge Joseph N. Camacho, Christopher Aquino Saimon, 38, appeared out of custody, while Richmond Keybond, 18, appeared in the custody of the Department of Corrections.

Assistant Attorney General Teri Tenorio completed her examination of lead detective Wally Emul Jr. who testified regarding the rape incident.

Emul said Keybond told him that he had a chance to have sexual intercourse with the victim because she was very drunk.

Richmond supposedly “asked” the victim to have sex with him and she allegedly consented, the detective said.

According to Emul, Keybond stated that he told Christopher Saimon to go in and “try” while she was drunk.

Christopher said he went into the bedroom and had sexual intercourse with the victim, Emul told the court.

He added that Christopher told police that the victim did not tell him to stop nor did she move.

Christopher Saimon was represented by attorney Oliver Manglona while Keybond was represented by attorney Denny Nie.

The defense lawyers will have an opportunity to cross-examine the detective when the hearing resumes today, Monday, at 9 a.m.

In a previous order, Judge Camacho ordered the defense lawyers to file briefs in connection with their argument about the “without consent” issue.

Manglona said the government failed to present evidence to show that the alleged victim was coerced into having sex with Christopher Saimon.

He said the term “without consent” in sex cases requires one of two things to take place: force or threat under the coercion theory; or incapacitation as a result of a defendant’s act.

Manglona said the moaning sounds coming from an alleged rape victim should not be confused with screams for help or screams for a defendant to stop.

The Office of the Attorney General filed an amended information about the case.

Christopher Saimon and Richmond Keybond’s co-defendants are Joseph Aquino Saimon and Romeo Aquino Saimon.

Romeo, Christopher, and Joseph are brothers while Keybond is their nephew.

The amended information charged 42-year-old Joseph Aquino Saimon with sexual assault in the first degree, and assault and battery. He sexually assaulted the victim on June 25, the amended information stated.

It added that Joseph Saimon pushed the victim, causing her to fall and bruise her knees on June 24.

As for Romeo Saimon, Keybond, and Christopher Saimon, they sexually assaulted the woman twice while she was incapacitated on June 24, the amended information stated.

 Judge Camacho at a preliminary hearing last month found probable cause to warrant the filing of two of four charges against Joseph Saimon.

Romeo Aquino waived his right to a preliminary hearing while Christopher A. Saimon was placed under house arrest after a bail-modification hearing. He was placed under the custody of his parents by order of the court which learned that Christopher has a mental disability.