Prosecution Focuses on Inconsistencies in Defendant’s Statements During Closing Arguments

During the closing arguments on Sept. 7, a prosecutor emphasized the inconsistencies in a sex abuse defendant’s story, including the conversations with detectives to the story he told on the stand during the trial.

A 31-year-old defendant is charged with first-degree burglary and second-degree sexual abuse — incompetent, including a lesser charge of fourth-degree sex abuse. The defendant is accused of entering a residence and engaging in sexual acts while the victim was asleep. This incident occurred on Jan. 23 in an apartment on the 900 block of Florida Avenue, NW.

The defendant said he gave the victim his number to message him about cannabis. He said the two had been flirting with each other earlier that night.

But the prosecution said there was no evidence of text messages or contact information found on either phone. 

The prosecution also presented footage of the defendant touching himself in the lobby of the building inappropriately that night. The prosecution said the defendant’s DNA was found on the victim’s thigh.

Male DNA was found on the outside of the victim’s vagina, according to the prosecutor.

Defense attorney Dennis Boyle argued that the testimonial given by the phone expert was not credible. The defense told jurors that phone data showed evidence of text messages. 

Boyle also told jurors that a “rational person” would call the police or fight against the defendant. He challenged the credibility of the victim and witness.

However, the prosecution explained that the victim and witness were intoxicated, so the victim did not wake up when the defendant began to make sexual contact.

After parties completed their closing arguments, D.C. Superior Court Judge Maribeth Raffinan gave the jury instructions on the deliberation process. 

The jury began deliberating on Sept. 8.