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He is scheduled to be sentenced Wednesday, and Athens County assistant prosecutor Keller Blackburn has indicated he’ll ask for at least 30 years in prison for the 32-year-old Philadelphia man.
The verdict came after a grueling two days of final arguments, mostly taken up by a marathon performance from defense attorney Derek Farmer. He spoke for more than seven hours, at one point drawing a rebuke from Judge Michael Ward.“Quite frankly, If I’d known you were going to go this long, I would have cut you off a long time ago,” Ward cautioned, some six hours into Farmer’s summation Thursday afternoon. “I don’t want to do anything to the detriment of your client, but my gosh – we’ve got to end this at some point in time!”
Ward spoke outside the presence of the jury. Despite his admonition, however, Farmer didn’t finish until Friday morning. (Opening arguments in the trial had begun Aug. 4.)At one point, Farmer was interrupted when a juror who is a nurse saw him put his hand to his chest, and called for a halt to the proceedings, apparently fearing he was having a heart attack. The attorney assured the judge it was only a muscle spasm, and the trial continued.
Nguyen, 32, was charged based on a May 19, 2009 incident in which he entered the home of an Athens woman he had met through an online singles site, tied her up and raped her, threatening to kill her 3-year-old nephew if she did not submit.The case was given to the jury Friday afternoon. In Farmer’s rambling, highly repetitive summation, he tried to convince the jury that the rape victim, a 29-year-old Athens woman, may have been romantically attached to Nguyen, had consensual sex with him, and even planned to run off with him to New York, where he was doing a hospital residency.
Farmer’s presentation was interrupted repeatedly by objections from Blackburn, who after Farmer was finished, moved for a mistrial. He alleged that Farmer had so badly misrepresented some of the witness testimony offered during the trial that it would be difficult for the jury to reach a properly informed decision.Ward denied that motion, but did warn the jurors repeatedly during Farmer’s closings that they should rely on their own memories of what witnesses said.
In his closing argument, Blackburn pointed out that while the victim told an emotionally charged story of submitting to rape because she feared Nguyen would kill her nephew if she didn’t, the defense offered no testimony to rebut this version of events.“She allowed herself to be raped, to protect (the child),” Blackburn told the jury. He also suggested that, given the woman’s account, the only way the jurors could justify not convicting Nguyen was by concluding she made up her entire story.
“Either it’s all false, or he’s guilty of rape,” he argued.FARMER RAISED QUESTIONS ABOUT the credibility of virtually every state’s witness, including experts who testified about DNA testing, cell phone calls and the contents of Nguyen’s computer hard drive. He suggested the facts of the case are at odds with what he labeled the “government theory” of the prosecution, which is that there was no sexual relationship between Nguyen and his victim before the alleged rape.
He also seemed to imply – though offering little detail – that the woman was somehow involved in a plot to implicate Nguyen for rape, with connivance from her employer and others.Her employer is the long-time live-in partner of the victim’s older sister, and the father of the 3-year-old child mentioned earlier. The victim lived with this couple and their three children in a home between Athens and Albany, on Ladd Ridge Road, where the rape took place.
The woman and other witnesses testified that after she and her sisters and their boyfriends visited New York in March 2009 and met Nguyen, the woman told Nguyen she was interested only in friendship with him, not romance.Farmer stressed, however, that after this visit, the woman talked repeatedly and at great length with Nguyen by phone and through text messages, often initiating the contact.
He also questioned repeatedly why the woman, after allegedly being raped, did not call 911 the first chance she got – after Nguyen, according to her testimony, let her drive to her workplace in Athens, while he left in a separate car for New York.The gist of Farmer’s argument was similar to Blackburn’s – if you believe the woman, then Nguyen is a rapist. He argued, however, that there were multiple reasons to find her non-credible. He said the woman’s step-by-step account of the rape, given on direct examination, “to me was so far-fetched,” and contained elements suggesting it was fabricated to incriminate Nguyen.
For example, he questioned why the woman testified that Nguyen at one point bound her wrists with what she described as “medical tape,” rather than calling it simply “white tape.”“Why is it important for her to use the term ‘medical tape,’ as if it’s synonymous that he is a doctor?” he asked.
Farmer argued that the alleged rape “sounds more like a lover’s spat,” adding that the charges against Nguyen were “based on nothing more than (the woman) saying what she said.”Going further, he suggested the woman stage-managed the entire criminal investigation by the Athens County Sheriff’s Office, telling an officer where to search in the house. Farmer questioned why the entire house wasn’t searched, but only the bedroom where the rape allegedly happened.
“I have never had a case like this, where law enforcement didn’t check for evidence,” he declared. “All (the officer) is going by is what she tells him… You’ve got her directing the show.”Farmer also questioned the reported behavior of the woman’s employer/brother-in-law when she arrived at her workplace and, by their accounts, choked out through sobs her story that Nguyen had just raped her.
Instead of immediately calling 911, Farmer noted, the employer told the woman to do it herself. “Something is not right with this story, because everything you would do naturally is not done,” he alleged. He insinuated strongly – again, without making clear exactly what he suspected – that the reason for having the woman make the 911 call was “you need her voice on that (911) tape,” sounding hysterical.“All along when she’s cool and calm (during her drive into Athens)… there’s no 911 call,” he added.
At one point Farmer referred to “skullduggery” in connection with this part of the state’s case. Upon objection by Blackburn, he withdrew the word.As for the time period in the house when the rape reportedly occurred, Farmer said, “what happened, I don’t know… People have kinky sex sometimes.”
BLACKBURN COUNTERED ON HIS FINAL installment of closing arguments that in addition to the woman’s testimony, there is evidence “that (the sex) wasn’t consensual,” in the form of rope burns and tape residue on the woman’s skin, and bruises to her cervix.And though he acknowledged Nguyen and the woman were in frequent contact up to May 17, 2009, when he left from a visit to Athens during which she reiterated her lack of interest in a sexual relationship, Blackburn said a more important piece of evidence is that after one last goodbye text from the woman to Nguyen May 17, there was no contact, and Nguyen returned to Athens without any advance notice, to rape her May 19.
Finally, he cited messages sent after the rape, in which Nguyen told the woman that he knew that statements she made to him on the morning of May 19, promising to give him another chance romantically, were made because she was “forced.”In these messages, the prosecutor claimed, “we have a confession from the defendant.”