"No evidence of sodomy" on murdered inmate - KUAM.com-KUAM News: On Air. Online. On Demand.

"No evidence of sodomy" on murdered inmate

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A confidential report now made public. Seven detainees accused of killing a fellow detainee are set to face a jury next month. But, at least one of them could be off the hook.

More details have been made public on Edrite "Manson" Isar's murder at the Hagatna lockup. And what appears to be missing - evidence on the allegation that Isar had been raped.   

Defendant Andrew Rios, Jr. wants his case not only severed from his co-defendants, but dismissed all together. Defense, in their motions filed last week, argue there's no proof the victim, Ernest Manson, also known as Edrite Isar, was ever sodomized.

While six of his co-defendants are charged with murder, manslaughter, and aggravated assault, Rios is only charged with first-degree criminal sexual conduct. It's alleged Rios covered his hand with a plastic bag and digitally penetrated an already helpless Isar. Though listed as confidential, defense's motion provides a copy of a supplemental police report. This report states it had been "rumored" Isar had been raped during the attack.

Following-up on the tip that same day, an investigator met with Chief Medical Examiner Dr. Aurelio Espinola who conducted a visual check of the victim's buttocks/anal region - the deceased still on a gurney. According to the police report, "Dr. Espinola indicated that there was no evidence of sodomy."

So, how is it Rios was indicted for rape? Defense argues the government failed to provide this information to grand jurors. In similar motions to get the case dropped, defense states there's no proof Rios worked with the other defendants in the beating.

As we've been reporting, Marvin Rechim, Benster Benjamin, Albert Santos II, Moses Hadley, A-Last Simiron, and Isler Miller are accused of taking turns in brutally beating Isar.

It was apparently a revenge attack on Isar, who was accused of raping a teen with Down Syndrome. That teen is reported to be a relative of someone in the prison who ordered the attack. In court on Wednesday, defense counsels requested they be allowed to visit the scene of the crime.

Attorney Leevin Camacho, on behalf of Benjamin, also noting his intent to file a motion to sever, as well.

A hearing on these motions is set for April 9. Trial, meanwhile, is still scheduled for April 13.

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