Attorney Brien Sers Nicholas with his client Kenneth Thomas Blas Kaipat leave the courtroom on Thursday afternoon. Kaipat’s jury rial will resume today, Friday, Aug. 11 at 9 am.
The lead prosecutor, Assistant Attorney General Steven Kessell, with co-counsel AAG Heather Barcinas.
KENNETH Thomas Blas Kaipat’s lawyer, Brien Sers Nicholas, informed Superior Court Associate Judge Wesley Bogdan on Thursday afternoon that the defense would not call any witnesses.
Nicholas earlier told the court that three to four witnesses, including a Federal Bureau of Investigation forensic fiber experts, would testify for the defense. But after the prosecution rested its case, Nicholas said the defense would also rest its case.
Kaipat, 19, is on trial for allegedly beating up and sexually assaulting a 24-year-old woman four years ago.
He has been 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.
On Thursday, the prosecution, led by Assistant Attorney General Steven Kessell, with AAG Heather Barcinas as co-counsel, called four more witnesses: three crime scene technicians and FBI forensic DNA analyst Jaclyn Garfinkle.
Garfinkle testified via videoconference and stated that seminal fluid was identified in the buccal swab taken from the alleged victim, and “there was a very strong support…highly likely [that] Kaipat was the contributor.”
“Cervical swab…also indicated that Kaipat was the contributor of the DNA found…. [The] conclusion drawn from this is that there’s very strong inclusion of Kaipat’s DNA in the samples tested,” Garfinkle added.
“The victim’s right- and left-hand swab also indicated very strong support DNA from Kaipat and the victim…and Kaipat’s right hand swab shows the victim’s DNA as a strong contributor to the sample taken,” Garfinkle said.
“Items found in the house were not tested — [there were] good results from [the] rape kit, so items found at the crime scene were not tested.
“Clothing from Kaipat — those were not tested. Kaipat’s underwear was not tested because the first round of testing gave good results,” the FBI forensic analyst said.
Nicholas, for his part, made a verbal motion for judgment of acquittal, stating that there was insufficient evidence presented by the prosecution to find his client guilty beyond reasonable doubt.
“There was not enough evidence putting Mr. Kaipat in the house,” he added.
Kessel opposed the defense motion. “The court has sufficient evidence to allow the matter to proceed. Nine separate charges clearly established the assault…. DNA evidence established penetration…. DNA evidence with near certainty establishes defendant’s DNA…. We don’t have to prove absolute certainty. Even if we don’t have the DNA, a jury can conclude that there was evidence that she scratched her assailant in trying to ward off the attack — the evidence was on the victim’s hands…. Defendant’s DNA was on the victim’s hands. The defendant went into the house.”
Judge Bogdan denied the motion for judgment of acquittal.
The trial will resume today, Friday at 9 a.m., and jurors will hear the closing arguments from the prosecution and defense.
The allegations against Kaipat stemmed from an incident that occurred in a San Vicente home on June 2, 2019.
The Department of Public Safety said it responded to a “home invasion incident” and a “disturbance” in San Vicente where a woman was seriously hurt. The defendant, who was 15 at the time (not 17 as earlier reported), claimed that he was assaulted.
In June 2020, the defendant was arrested and taken to juvenile custody after DPS received a DNA laboratory test report from the FBI.
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.
