The defense believes the prosecution deliberately attempted to withhold information in an effort to derail the defendant’s alibi.
Guam – Superior Court Judge Vern Perez denied a motion for mistrial in the rape trial of former firefighter Dean Ray Quinata.
Quinata’s attorney, Curtis Van De Veld sought a mistrial after learning of significant inconsistencies in the victim’s testimony.
The victim, who was 11-years-old at the time, told authorities that she was raped for an hour and that it happened around 1 am.
However, on the witness stand, the victim changed her testimony to say that it actually happened between 1 to 3 in the morning.
Van De Veld says the prosecution knew about this but deliberately withheld this information from the defense in an effort to derail Quinata’s alibi.
Judge Perez, however, says that he doesn’t believe prosecutor Nicole Driscoll deliberately attempted to gain a tactical advantage over the defense, noting that Driscoll admitted her mistake but blamed it on mere oversight.
While Judge Perez denied the motion for mistrial, he is allowing a continuance of trial to March 15 to give the defense time to prepare in light of the changed testimony.