Jurors will soon head into deliberations for accused rapist Aust - KUAM.com-KUAM News: On Air. Online. On Demand.

Jurors will soon head into deliberations for accused rapist Austin Barcinas

Posted: Updated:

“If it walks like a duck and if it quacks like a duck, it's a duck. If it sounds like CSC, and it looks like CSC, and it smells like CSC, it's CSC.”  That’s what Prosecutor Sean Brown stated as he made his final appeal to jurors to convict Austin Barcinas of rape.

Brown also said, “The defendant's DNA was found in the underwear of the rape victim. Nobody else's DNA was recovered there.”

Or was it?

Defense attorney Rocky Kingree, in his closing arguments, challenged prosecution's theory that Barcinas had drugged the 14-year-old's ice cream then raped her in her sleep.

Kingree reminded jurors they never heard from the Guam Police Department criminalist who did the testing. “Ladies and gentlemen of the jury, I'm not sure there was ever semen in this whole case. We didn't have a person testify on how they did it and why they did not actually look underneath the microscope”, she said.

Even if his DNA was found on the victim's underwear, Kingree reminded jurors that DNA transfer is possible, stating, “When we start talking about mere presence, you have a big problem: the defendant lives here. According to him, they are a family and they say that they do a lot of things together.”

The victim, who is 20-years-old today, testified earlier in trial. She told jurors she woke up in pain and bleeding, prompting her to run home next door.

A trip to the hospital and Healing Hearts Crisis Center concluded she had been raped.

Also on Tuesday, prosecution alleged Barcinas' immediate family members lied during their testimony, which is why they had conflicting recollections of that night.

We should note, Barcinas made several phone calls home after his arrest. Some of those conversations were played back in court. The defendant can be heard asking family to talk to her... implying the victim.

The victim, in her testimony, also noted the defendant's sister reached out to her and asked her to drop the case.

“What are they hiding? Who are they trying to protect? Ladies and gentlemen of the jury, the reason I want to talk about this is because those witnesses know something. They know something and that's why they're doing everything in their power to protect the defendant and say whatever they need to say to help him. They know what happened that night”, Brown asked.

Jurors will now head into deliberations.

  • NEWS HEADLINESMore>>

  • Leonard Borja arrested for ice possession

    Leonard Borja arrested for ice possession

    He apparently ran a red light and had an expired registration when police pulled him over finding cocaine and meth. Leonard Borja is charged with two counts of possession of a schedule II controlled substance with intent to deliver and two counts of drugMore >>
    He apparently ran a red light and had an expired registration when police pulled him over finding cocaine and meth. Leonard Borja is charged with two counts of possession of a schedule II controlled substance with intent to deliver and two counts of drug More >>
  • 12 Russian nationals sought asylum on Guam in last two months

    12 Russian nationals sought asylum on Guam in last two months

    A dozen Russian nationals have come to Guam and declared asylum over the past two months. They were placed on Immigration hold and detained. Five have since been released and another was transferred. Local Tourism officials are keeping a close eye on theMore >>
    A dozen Russian nationals have come to Guam and declared asylum over the past two months. They were placed on Immigration hold and detained. Five have since been released and another was transferred. Local Tourism officials are keeping a close eye on the More >>
  • Charges for 7 prison beating defendants dismissed

    Charges for 7 prison beating defendants dismissed

    Its case dismissed for now. The charges for seven of the defendants accused in the deadly beating of detainee Edrite Manson Isar at the Hagatna Detention Facility last December are dismissed. Judge Anita Sukola granted the motion to dismiss the indictmentMore >>
    Its case dismissed for now. The charges for seven of the defendants accused in the deadly beating of detainee Edrite Manson Isar at the Hagatna Detention Facility last December are dismissed. Judge Anita Sukola granted the motion to dismiss the indictmentMore >>
Powered by Frankly