Defense: Kidnap, rape charges should have never been filed by prosecution

“This is the first and only modern case that I know where the jury went to deliberate without any tangible evidence to look at,” said attorney Ramon K. Quichocho, counsel for Kurt B. King, 30, in a statement.

The jurors on Friday found King not guilty of kidnapping and raping a woman at the Tinian cemetery in an incident that the prosecution said happened in December last year.

“On behalf of Mr. King, his family, and the defense team, we thank God, the jury, the court, and the people of

Tinian for a fair and just verdict,” Quichocho said.

“Despite the government’s total lack of credible evidence in this case, however,” Quichocho said Assistant Attorneys General Brian Gallagher and Russell Lorfing “did a great lawyering job.”

“They sure kept me extra busy with their motions and objections throughout trial,” Quichocho added.

King’s co-defendant, Joseph Ray Arriola, 20, earlier signed a plea agreement.

Superior Court Associate Judge David A. Wiseman has yet to sentence Arriola.

“We believe we provided sufficient evidence for the jury to convict the defendant.  Judge Wiseman was asked (twice) to rule that we didn’t have the necessary evidence, but he allowed the case to go to the jury.  In other words, as a matter of law, the judge determined that a jury could have convicted on the evidence we presented,” said Chief Prosecutor Michael Ernest in an e-mail to the Variety.

He added, “I do believe the co-defendant pleaded guilty to lesser charges.  That certainly is not dispositive; clearly, we did not convince the jury in this case.  The defendant, like all people charged with a crime, was innocent until we proved him guilty, and we did not do that. While we are disappointed in the verdict we do thank the jury for its service.”

The AGO has lost in three rape cases decided by a jury since last month.

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