LAWRENCE LEWIS, P.C.

  

CRIMINAL LAW

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Lawrenceville, GA 30045

ph: 678-407-9300
fax: 678-407-9913

News  Article

Gwinnett County News 2:53 p.m. Thursday, October 22, 2009   

Alleged rape victim recants story after being jailed for refusing to testify

The Atlanta Journal-Constitution

The 19-year-old alleged victim in a rape case recanted her testimony Thursday, two days after a Gwinnett County judge ordered her to be jailed for refusing to testify.

A jury was selected earlier this week in the case against Kenneth Anthony Jones, 47, who is accused of molesting the female relative over several months in 2004 and 2005. However, the jury was excused before trial could begin when problems about the alleged victim's testimony cropped up at a pretrial hearing.

Gwinnett County Superior Court Judge Fred Bishop ordered the 19-year-old jailed on Tuesday when she refused to testify despite being granted blanket immunity. The teenager's two-night jail stay apparently led to a change of heart about testifying, but not the kind prosecutors hoped for. Instead, the teenager testified Thursday morning she had concocted a story about being molested by a relative to escape a troubled home life.

"I didn't want to be in the house anymore," she said. "I was tired of rules, I was always in trouble in school and I always had to watch my sisters' kids. I just wanted to be alone."

The victim said she had hoped the case would just go away when she met with prosecutors this summer and told them she didn't want to go forward with the case.

Gwinnett County Assistant District Attorney Jay Hughes decided to forge ahead with the case, which has been pending against Jones for four years. Hughes said it is not uncommon for victims of molestation to recant their testimony. The highest rate of recantation is when the abuse occurs at the hands of a family member, Hughes said.

"Based on my knowledge of the body of evidence I expect to be admitted, I believe the case should go forward for a jury to make a decision," Hughes said. "Credibility is always a matter for the jury to decide."

The teenager was released from jail Thursday with the understanding that she must return to testify at trial. The trial date will be reset for a later date, Hughes said. Jones was arrested Oct. 17, 2005, and has been free on $27,800 bond since Nov. 15, 2005.

Hillary Krepistman, an attorney who was appointed to represent the alleged victim on Tuesday, said it was unfortunate that the teenager wound up going to jail. She said the 19-year-old was clearly overwhelmed.

"My heart breaks for this girl," Krepistman said. "Regardless of what may or may not have happened to her, obviously there was trouble there in the home. She had to spend two nights in jail while [the relative] goes home."

Georgia Woman Allegedly Sets Mother On Fire. Watches While She Burns


Norcross, Georgia (The Weekly Vice) -- Na Yong Pak, a 31- year-old Georgia woman was arrested Tuesday on aggravated assault charges after she allegedly set her mother on fire. Those charges were upgraded to murder after her mother died from her injuries Wednesday morning.

The mother, 57-year-old Myong Hui Pak, died at about 1:30 Wednesday morning at Grady Memorial Hospital, according to Norcross Police.

According to investigators, Pak threw gasoline on her mother, lit her on fire and then watched her burn following a dispute inside their Langston Road townhouse.

Myong reportedly stumbled out into the front yard of the residence and tried to douse the flames with a garden hose before eventually collapsing in the front yard. The front lawn remains charred from where Myong collapsed.

Fire crews arrived shortly after 3 p.m. and found the victim in the front yard. She was rushed to the Grady Memorial Hospital burn unit, where she died about 10 hours later.

Family members say Na Yong Pak had recently been released from Georgia Regional Hospital where she was being treated for mental illness.

Gold Pak, the father of the victim, said he and his son pleaded with hospital staff to not release Na Yong, but they did anyway. Na Yong refused to sign the discharge papers and told hospital staff that she would not take the medication she was provided, according to the family.

Several state run hospitals in Georgia, including Georgia Regional, have recently become targets of a federal investigation as being critically deficient in their care. Georgia Regional was specifically cited as having poor planning for patient care after hospital discharge, according to reports.

Na Yong Pak made a first appearance in court Wednesday afternoon on charges of murder and aggravated assault. She is being held without bond.

The Weekly Vice Opinion:

Serious problems exist in Georgia's state-run mental health care system. This is not an isolated incident by a long shot. For those who wish to research the issues surrounding Georgia's mental hospitals more thoroughly, I highly recommend reading AJC's report on the situation.

Danny Vice
The Weekly Vice
http://www.theweeklyvice.com

Posted: 6:58 PM Nov 16, 2009

Man not guilty of raping young girl

LAWRENCEVILLE — A man accused of raping a minor family member more than four years ago was exonerated Monday. It took a Gwinnett County jury just about 45 minutes to find Kenneth Anthony Jones not guilty on charges of aggravated sexual battery, aggravated sodomy, child molestation, incest and rape.
Reporter: By Heath Hamacher

LAWRENCEVILLE — A man accused of raping a minor family member more than four years ago was exonerated Monday.

It took a Gwinnett County jury just about 45 minutes to find Kenneth Anthony Jones not guilty on charges of aggravated sexual battery, aggravated sodomy, child molestation, incest and rape.

Click here to find out more!

The alleged victim, now 19, recanted her original story several times, leaving the prosecution to rely on previous, inconsistent statements to authorities and the testimony of an inexperienced nurse, said defense attorney Lawrence Lewis.

Assistant District Attorney Jay Hughes was unavailable for comment Monday.

At one point, the alleged victim — who was jailed on felony contempt charges for refusing to testify — told jurors she made the whole thing up.

“I didn’t feel like I got the attention I wanted,” she said. “I thought ... I would go live with somebody else and the case would go away.”

Lewis said he wasn’t surprised at the verdict, but it was nice to hear, nonetheless — especially for his client, a former security guard who he said has been unable to maintain decent employment because of the nature of the charges against him.

Jones was freed on bond almost a month after being arrested on Oct. 17, 2005, and has remained free. Jones turned down a plea offer of four years of probation and sex offender registry, Lewis said, though he was facing life in prison.

On Monday evening, Lewis could only describe his client as “relieved.”

“I don’t even think there are words for it,” Lewis said. “When we heard ‘not guilty’ on count six, he was just unable to contain the emotion.”

242 Culver Street
Suite 103
Lawrenceville, GA 30045

ph: 678-407-9300
fax: 678-407-9913