Prosecution rests in second Haskell rape trial; witnesses for defense say investigation was lacking

photo by: Nick Gerik

The Douglas County Judicial and Law Enforcement Center, 111 E. 11th St.

Prosecutors on Friday afternoon rested their case against the second of two former Haskell Indian Nations University students accused of raping a woman. And the defense began calling witnesses to testify.

The two defendants, a 21-year-old man and a 20-year-old man, are accused of raping a 19-year-old fellow student on Nov. 15, 2014, in a university dormitory.

The defense, in both men’s cases, has argued that the sex was consensual.

The trial for the 21-year-old man began on Monday. He faces two felony counts of rape, one felony count of aggravated criminal sodomy, one felony count of attempted rape and one felony count of attempted aggravated criminal sodomy.

Friday afternoon medical experts, called by defense attorney Angela Keck, offered their critique of techniques used during the criminal investigation.

Stephanie Beine, a forensic scientist, told jurors she found several omissions in the investigative process. For example, although investigators did test certain samples taken from the scene, the woman and the defendants for semen, they did not always test for either blood or DNA, Beine said.

Those omissions could be considered “highly unusual” or “odd,” Beine said, considering the nature of the crime described by the woman.

However, when asked by prosecutor Catherine Decena, Beine did say she wrote a report calling the techniques completed by investigators proper, according to standard laboratory procedures.

Jennifer Johnson, an advanced forensic nurse at Shawnee Mission Medical Center, also raised several questions about the investigation. She testified that the proper procedures were not followed during the administration of sexual assault kits to both the woman and the defendants.

The two suspects were arrested on Nov. 15 and later released from the jail after posting a $75,000 bond each. Both were expelled from the university.

A mistrial was declared in the June trial of the 20-year-old suspect, who faces two felony rape charges and one felony count of aggravated criminal sodomy. In that case the jury failed to reach a unanimous verdict after the weeklong trial. A second trial is scheduled to start for that defendant on Dec. 12.

The trial, which is scheduled to last seven days, will resume at 9 a.m. Monday.