INCLUDING the alleged victim and her father, the prosecution called 13 witnesses on Tuesday in the jury trial of Kenneth Thomas Blas Kaipat, who is accused of raping a 24-year-old woman on June 2, 2019.
The trial started on Monday with Superior Court Associate Judge Wesley Bogdan presiding.
Assistant Attorney General Steven Kessel is the lead prosecutor with AAG Heather Barcinas as co-counsel.
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, the alleged victim, and her father testified on the second day of the trial.
Kaipat appeared out of custody and was represented by attorney Brien Sers Nicholas.
The prosecution is also expected to call Federal Bureau of Investigations experts on DNA analysis and evidence chain of custody to testify.
In his testimony, Sgt. Juan K. Wabol, the lead detective in the case, said based on his experience in investigating domestic violence cases, the scratches on Kaipat’s face were defensive wounds.
As for the injury to Kaipat’s knuckle, Wabol stated that the defendant told him that he punched a wall.
Kaipat 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.
In December 2022, the local Supreme Court reversed the decision of Judge Bogdan to suppress the second DNA sample, putting the case back to trial track.
Kaipat was 15 years old when the alleged rape occurred at the woman’s house in San Vicente on June 2, 2019.
She said she could not identify the perpetrator as his face was covered with clothing.
Medical records indicated that she sustained a four-centimeter laceration over her left eyebrow, a large scalp hematoma, bruising to her eyes, one missing tooth and one loose tooth, superficial laceration of her tongue and upper lip, a closed fracture of the mandible and concussion.
She also sustained multiple abrasions on the back of her head, bruising to both arms, laceration to her ear, and several bruises on the front of both legs.
A sexual assault examination was performed on the victim on the same day of the incident, and evidence obtained from the examination was sent to the FBI laboratory in Quantico, Virginia.
According to a physician assistant, Kaipat, for his part, suffered injuries to the right side of his face, his right triceps and back. The PA also told police that the linear lining on Kaipat was consistent with fingernail scratches. The PA said the injuries Kaipat sustained were contrary to what he had described as being struck by a hard object.
Police said because the clothes that Kaipat wore appeared to have red stains, they were taken by the Department of Public Safety’s crime scene technicians.
Crime scene technicians likewise obtained swabs of Kaipat’s fingernails on both hands, buccal swabs of left and right inner cheek, and saliva samples. These materials were also sent to the FBI laboratory.
On June 2, 2020, the FBI laboratory DNA results indicated a “very strong support for the inclusion of Kaipat.”
Kaipat was then 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.
