Ketebengang takes witness stand

Carlos Ketebengang, a 38-year-old man accused of fondling the breasts of a then-12-year-old girl four times on Saipan in 2012, took the witness stand yesterday in Superior Court to deny the allegations.

As this developed, the six jurors in the case started the deliberations yesterday afternoon after both the prosecution and defense counsel rested. The jurors will continue their deliberations today, Thursday, at 8:15am.

The prosecution rested the government’s case after calling its fourth witness. Defense counsel Colin Thompson then moved for a judgment of acquittal.

Associate Judge Joseph N. Camacho dismissed three counts of disturbing the peace but not the one count of disturbing the peace and four counts of sexual abuse of a child in the second degree.

With Camacho’s ruling, the jurors will decide on the four counts of sexual abuse of a child in the second degree. Camacho, who is presiding over the trial, will decide the remaining count of disturbing the peace.

After the government rested, Thompson called the defense’s only witness, Ketebengang, who denied fondling the girl, saying both of them were never alone in one room.

Ketebengang said he does not know why the girl is making up such accusations against him.

When asked why he chose to testify, Ketebengang said he wants to express himself so people will know his side. He said the past two years have been hard for him and his wife. He said right after the funeral of his mother-in-law, he was arrested.

“I don’t want what happened to me will happen to anybody,” he added.

In the government’s closing arguments, assistant attorney general Clayton Graef said the girl’s testimony showed how Ketebengang took advantage of her and broke her trust in him.

Quoting the girl’s testimony, Graef said that Ketebangang touched the victim’s breasts four times over her shirt and under her shirt between August and September 2012.

Graef said the girl, who is now 14, spoke about the sexual abuse when a teacher noticed a red mark on her neck and brought her to the school’s counselor.

The prosecutor said the girl also told the same things to her mother, investigators, and to the jurors.

In the defense’s closing arguments, Thompson said Ketebengang is a brave man because he has chosen to testify when the law does not require him to do so. Thompson said in this case, there are no exhibits, photos, or any other physical evidence presented.

Thompson said if the only evidence is “he said, she said,” then jurors are not firmly convinced based on such contradictory statements.

The defense lawyer said the girl’s story began when the teacher noticed a red mark on her neck. Thompson said the girl tried to hide that red mark and when Judge Camacho asked her if it was a hickey, she replied “no.” Yet the girl never answered where the red mark came from, Thompson said.

He said the girl first stated she had no boyfriend but later admitted she had.

“She has lied to you,” the lawyer pointed out. “She’s pushing a story, untruthful story.”

In the government’s rebuttal, Graef said in such sexual abuse cases, there are no photos or other physical evidence. Graef said the law states that if the witness or witnesses are credible, then the jury can convict.

He said the girl testified that she has no boyfriend now, but that she had one before.