And this is why defense lawyers Richard Pierce, David Banes, and Joaquin DLG. Torres are asking Judge David A. Wiseman to grant or reconsider his decision regarding the separate request to modify the $100,000 cash bail imposed on their clients.
“There’s no DNA other than the victim,” Assistant Attorney General Brian D. Gallagher, the prosecutor, told the court.
Gallagher said the result came in from Hawaii yesterday morning, shortly before the scheduled pretrial conference and motion hearings.
In the absence of semen as physical evidence, the defense lawyers said the court should grant or reconsider their separate motions to modify the bail of their clients since there’s no corroborating evidence to the statement of defendant Angel Jess Santos, 21.
Except for Santos, defendants Joseph Cabrera Camacho Jr., 31; Ivan Jones Castro, 33; and Alfred P. Hocog, 18; were present in the courtroom during yesterday’s hearing.
Last October, Santos changed his not guilty plea and admitted his participation in a conspiracy to commit sexual assault in the first degree in the kidnapping and rape of a 16-year-old Kagman student. He said the three other defendants were also involved.
Santos is “a known liar,” Pierce said.
Gallagher countered that Santos “has no reason to lie” because Santos will receive a sentence of 40 years incarceration, and he will serve between 10 and 20 years, for his cooperation.
As part of the plea agreement signed on Aug. 2, 2010, Santos will cooperate with the government in prosecuting the case.
Santos’ cooperation led to the arrest of Camacho Jr., Castro and Hocog who have denied the charges.
The court imposed a $100,000 bail on each of the defendants and they remain incarcerated at the Department of Corrections facility.
Last week, Wiseman allowed Hocog to post $10,000, or 10 percent of the bail, along with a real property bond acceptable to the court. Hocog remains in jail.
The defendants were remanded to the custody of Corrections after the court hearing yesterday.
