DEFENSE attorney Brien Sers Nicholas informed the court that he will call their own Federal Bureau of Investigations forensic fiber experts to testify in the jury trial of his client, Kenneth Thomas Blas Kaipat, who is accused of raping a 24-year-old woman on June 2, 2019.
Kaipat, who is now 19, 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.
The jury trial started Monday with Superior Court Associate Judge Wesley Bogdan presiding.
On Wednesday, Nicholas cross-examined Shawna Brennfleck, a nurse practitioner who conducted a sexual assault forensic examination or rape kit on the alleged victim at the Commonwealth Healthcare Corporation.
Brennfleck said “the kit is for collecting evidence, when a sexual assault has occurred, to determine if there’s any DNA evidence of the assault.”
She testified that she also took notes of what the alleged victim was saying during the physical examination.
She said the physical assessment on the alleged victim was consistent with inflicted trauma.
“The physical exam…consisted of physical trauma, of the body…lacerations, bruises on her eye…no trauma in her private area,” Brennfleck said.
Pressed by Nicholas to explain, Brennfleck said, “Lack of trauma findings to vaginal walls and cervix do not rule out penetration.”
Brennfleck said she noted “redness” or “erythema” in the alleged victim’s private area.
By Wednesday afternoon, the prosecution, led by Assistant Attorney General Steven Kessell, with AAG Heather Barcinas as co-counsel, had called nine more witnesses, including the nurse practitioner.
Four neighbors testified that they did not see anything significant that had any bearing on the case.
The prosecution also called Dr. David Hardt of Hardt Eye Clinic; a former physician assistant at CHCC; an investigator at the AG’s office; and DPS crime scene technician Marilou Tanaka.
On Tuesday, the government called a total of 13 witnesses, including the alleged victim and her father, four police officers, a Department of Fire and Emergency Medical Services records custodian, two pre-confirmation teachers, the defendant’s brother and his three cousins.
Kaipat was 15 years old when the alleged sexual assault occurred at the woman’s house in San Vicente on June 2, 2019.
On June 2, 2020, the FBI laboratory DNA results indicated a “very strong support for the inclusion of Kaipat.”
Kaipat was taken to juvenile custody pursuant to a Rule 4 warrant on June 9, 2020, and bail was set at $250,000.
He was released on April 15, 2021, after five bail hearings, based on special consideration given to juveniles.
On May 13, 2021, the juvenile court issued an order waiving its juvenile jurisdiction.
