Friday, March 24, 2006
CALIFORNIAN MEN JAILED ON ONE WOMAN'S FALSE ACCUSATION
Charges against two men accused of gang-raping a 19-year-old Sacramento woman were dropped Wednesday after authorities came across grainy footage from a cell phone that showed the acts were consensual and part of a pornographic video. The woman, identified in court records as Kimberly B., may now face criminal charges of her own, including making false statements to police.
Cousins Sarn Saechao, 25, and Chiem Saechao, 21, who if convicted could have faced life sentences for the Feb. 6 alleged sexual assaults, appeared briefly in court Wednesday and heard through a Mien interpreter that the case - including nearly a dozen felony counts against them - was dropped. The case, which police had called "one of the most brutal" assaults in recent memory, deteriorated this week after a defense attorney brought to the attention of authorities a compact disc that contained 15 camera-phone clips, lasting 15 to 20 seconds each, of the alleged victim apparently making pornography with the men she later accused of raping her.
The woman told police she was restrained and assaulted for 12 hours near her Tahoe Park apartment. She had bruises and tears to support her claims. But on Monday, Deputy District Attorney Noah Phillips said he learned of the video, obtained by Sarn Saechao's defense attorney. On Tuesday, the prosecutor viewed it with Sacramento Police Detective Alisa Buckley, and on Wednesday morning, he spoke with the woman. "It was clear that this case could not be prosecuted," Phillips said. The woman, he said, recanted the allegations of rape and mentioned that a pornographic video was being made for money.
At Wednesday's hearing, Phillips also asked a judge to dismiss the arrest warrants for two other men and a 15-year-old boy who had been sought in connection with the alleged crimes and featured at a police press conference earlier this month in which a $1,000 reward was announced. At that press conference, police characterized the sexual assault as one of the most brutal cases they ever investigated and lauded the woman's courage for coming forward.
Defense attorneys Paul Irish and David Lynch said their clients had steadfastly maintained their innocence. Lynch, a public defender for Chiem Saechao, said the woman had held onto her claims until she was confronted with the video. He accused authorities of trying to prosecute his client without "thoroughly" investigating the allegations.
Buckley, the lead detective on the case, did not return a phone call for an interview, but Capt. Joe Valenzuela said police "cannot start second-guessing our victims and witnesses." "In this case, it was very clear to her that this was a very brutal act," Valenzuela said of Buckley. Valenzuela said police will present a case to the District Attorney's Office to file charges against the woman for allegedly making false claims to police.
Nicolette Bautista, executive director of WEAVE, a domestic violence resource and rape victim advocacy center in Sacramento, said Wednesday's revelation could cloud the credibility of true victims of rape and hinder them from coming forward. "It angers victims," Bautista said of the false claims.
Valenzuela said investigators had heard of a video and were searching for it when defense attorney Irish came across the footage. Chiem Saechao's relatives, who were awakened by a police search of their home Friday morning, said authorities confiscated at least five of their cell phones. A computer was also taken from the home. "I don't know how the video came out," said Chiem Saechao's older brother, David. He and other family members said they had been waiting for the truth to come out. "I knew they were innocent in the first place," said Thuy Nguyen, David Saechao's fiancée.
A family friend, Song Vang, 22, said Chiem Saechao's relatives and others close to them had been publicly shamed by the allegations against the Sacramento man. David Saechao said they can't wait to welcome his brother home. He was expected to be released from custody today. It remained unclear when Sarn Saechao would leave jail. "I got my son back," said Chiem Saechao's father, Yoon Saechao. "So I thank God."
Report here
(And don't forget your ration of Wicked Thoughts for today)
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