THE lead detective in the sexual assault case against Kenneth Thomas Blas Kaipat told the Superior Court Tuesday that four DNA samples were sent to the Federal Bureau of Investigation’s laboratory in Quantico.
The detective, Leopoldo Duenas Jr., said on the day of the alleged incident, the victim’s DNA was taken and then the defendant’s, both of which were sent to the FBI lab.
The second set of samples, taken on June 19, 2019, belonged to the defendant and another person of interest who “walks around the village” where the alleged incident happened.
He said the defendant at first was considered a victim because he claimed that he was assaulted “by another male person heading to the victim’s house.”
Kaipat, 17, is being tried as an adult. He was charged with three counts of sexual assault in the first degree, two counts of sexual assault in the second degree, aggravated assault and battery, assault with a dangerous weapon, strangulation, and burglary.
He was taken to juvenile custody in June 2020 after DPS received a DNA laboratory test report from the FBI.
At the hearing in Superior Court on Tuesday, Kaipat’s attorney Brien Sers Nicholas told Judge Joseph Camacho of the concerns raised by the defendant’s school teachers. He asked that his client be allowed to go to school virtually.
With no objection from Assistant Attorney General Samantha Vickery, who represented the government, Judge Camacho granted the request of the defense counsel.
The judge earlier denied the AG’s motion to recuse or disqualify himself from hearing the case, and the AG’s request to vacate the preliminary hearing.
The Office of the AG has pointed out that the ”defendant’s mother has a close personal relationship to Judge Camacho’s brother.”
But this does not fall within the third degree of familial relationship that requires a judge to recuse from a case, the judge said, adding: “I do not know the defendant’s mother.”
The defense, for its part, said Chief Prosecutor John Bradley and Vickery should be held in contempt of court for their “scandalous accusations” against the judge.
Judge Camacho said he will take this issue under advisement to allow the government attorneys to file a written response.
Kaipat’s preliminary hearing will resume Friday, May 28, at 10 a.m.
