Accuser's DNA found on Frimpong

BY COLBY FRAZIER
DAILY SOUND STAFF WRITER

A senior criminalist for the California Department of Justice testified in Santa Barbara County Superior Court yesterday that DNA belonging to Jane Doe One, who claims she was raped by Eric Frimpong in the early morning hours of Feb. 17, was found on three different places of Frimpong’s body.
The testimony came from Lillian Tugado during a continuation of Frimpong’s preliminary hearing in Judge Brian Hill’s Department 2 courtroom.

Frimpong, 21, has been charged with one felony count of forcible rape stemming from Jane Doe One, and a misdemeanor count of sexual battery from a second woman, referred to by the court as Jane Doe Two, who accused Frimpong of sexual assault shortly before the former UC Santa Barbara Soccer star pleaded not guilty to the charges on April 10.
Tugado said she tested two separate batches of evidence, one of which she received on March 9 and included several specimens from Jane Doe One, and the second on March 27, which were various swabs and specimens from Frimpong.
Tugado said she found no DNA from Frimpong on or inside of Jane Doe One, but found Jane Doe One’s DNA on three different samples from Frimpong’s body -- two of which came from his genital area and the third from his fingernail.
Tugado told the court the likelihood of the DNA found on Frimpong belonging to someone other than Jane Doe One is about one in 7.2 trillion and called it “strong evidence.”
She did say DNA found on a pair of Jane Doe One’s panties belonged to her boyfriend and not to Frimpong. Tugado said sperm can remain inside a person after sexual intercourse for up to five days.
After hearing testimony from 10 different people over the two day preliminary hearing, which began on June 18 and was continued yesterday, Hill said he found sufficient evidence to hold Frimpong to answer for both the felony and misdemeanor counts at an arraignment on Aug. 9, which will likely be followed by a jury trial.
Frimpong’s Defense Attorney Robert Sanger declined to comment to media after the hearing.
Deputy District Attorney Mary Barron, the prosecutor in the case, said two other expert witnesses, one from the Goleta based Department of Justice lab and a nurse at Goleta Valley Cottage Hospital, did not testify yesterday in order to expedite the hearing, but will likely testify if the case goes to trial.
Krystal Giang, a friend of Frimpong who said she was with the defendant from about midnight to 4 a.m. on Feb. 17, also testified yesterday.
She said she talked with Frimpong throughout the night and attended two separate parties with him.
Barron asked Giang if Frimpong ever acted intoxicated through the night. Giang said Frimpong told her he was drunk, but said he wasn’t stumbling or slurring.
“I think he was a little tipsy but not horrendously drunk,” Giang said. “He’s a true gentleman.”
Giang said she didn’t see Frimpong drink any alcohol in the hours she spent with him.
Barron asked Giang if Frimpong mentioned at any time during the night that he had been drugged, to which Giang said “No not that I know of.”
The question of whether or not Frimpong was drugged came to light when Frimpong’s girlfriend, Yesenia Prieto, testified during the June 18 hearing that she saw Frimpong at about 3:30 a.m. on June 17 and that he looked drugged.
Attempts by Sanger to ask Giang about the specifics of her conversation on Feb. 17 with Frimpong were not allowed by Hill.
Giang did say that “there was nothing inappropriate being said. It was one of those late-night conversations.”
Barron asked Giang if she witnessed any symptoms of Frimpong’s level of intoxication aside from his statement that he was drunk.
“Not really,” Giang said. “He was drunk kind of because he told me.”
Sheriff’s Deputy Joel Rivlin, who works out of the Isla Vista Foot Patrol office, also took the stand yesterday and said he reported to Goleta Valley Cottage Hospital at 3:05 a.m. on Feb. 17 where he interviewed Jane Doe One.
Rivlin said the woman was “traumatized.” He told the court he asked Jane Doe One if the suspect’s penis was erect and if penetration occurred, to which she answered yes.
Sanger asked Rivlin if he knew at the time that Jane Doe One had a blood alcohol level of .20 (in California a person is considered too impaired to drive with a blood alcohol level of .08).
Rivlin said he wasn’t certain of woman’s level of intoxication, but said “she had a moderate odor of alcohol.”
Barron said she feels confident with the prosecution’s steps thus far.
“The evidence will speak for itself and has with regards to the testimony, DNA and test results.”