By Johnnie Rosario and Eric Rosario
(Tumon, Guam) The woman who accused Jayson Song of raping her on November 2, 2016, received a text message from Mr. Song three days prior to the alleged rape that read, "I love you." She replied to him, "I love you."
The woman thought this would not be entered into evidence in this trial, which featured her testimony on the stand today. She erased her phone messages before November 11, 2016, when police officers searched her phone. The defense, however, got a warrant for her phone records, which showed the text messages.
The evidence is important, because the woman told prosecutors and police that she hardly knew Mr. Song and hadn't seen him in nine years. Obviously, the information also is important in the jury's understanding that Mr. Song did not simply pick up the woman out of nowhere and have sex with her forcibly.
The woman told police that Mr. Song ran into her in front of the GPO IT&E kiosk on November 2, 2016, and then forced her into his truck. She told police that Mr. Song forced her into the car. During cross examination by the defense today, the woman said that she and Mr. Song were standing outside the driver's side of the car. This time, providing testimony to the jury, she said she walked freely to the passenger's side, opened the door, and sat in his truck.
She also admitted on the stand that his truck was parked along the front parking row facing Ross Department Store at GPO and that witnesses were walking by.
She admitted on the stand that Mr. Song had been fingering her vagina for between three to four minutes, when a woman passed by and she became embarrassed. She then told Mr. Song to drive away because she was embarrassed. Mr. Song drove to his house.
He wanted to have vaginal sex with her, according to her testimony, so he offered to go into his house, which is in Jonestown, Tamuning. She refused, he became upset, then told her he was going inside the house to change.
He left her in the truck, which was parked outside the gate enclosing the house and facing the main artery in Jonestown. She also had her cell phone with her.
Under cross examination, defense attorney David Lujan asked her why, if she was being held against her will, did she not take the opportunity to run out of the truck, when Mr. Song was inside his home changing. He also asked why she did not use her cell phone to call police, her mother, or her grandmother that she was being held against her will. She said on the stand that she was scared.
Mr. Lujan then asked why the woman never turned in the clothes she was wearing that day for forensic analysis. According to a police report by an Officer Ramos, the woman turned in only a jacket, which was washed, when officers asked her to turn in the clothing she was wearing that day. Mr. Lujan asked where the other articles of clothing were. She told him that she did turn in those clothes, to her recollection. Mr. Lujan asked her if what the officer wrote in his report was false, then. She did not answer the question directly.
The woman told Mr. Lujan that three people went with her to the Dededo Police Precinct, where she went for her second interview and where she brought the jacket to police. The three included her mother, fugitive Renee Mesa, Michael Badar, and Joshua Mafnas. Ms. Mesa is wanted by federal probation officers on a warrant for violations of her probation on a counterfeiting case. Mr. Mafnas is a former Department of Corrections officer, who recently was caught on tape with others involved in the theft of property at a home in Yigo. Both are known drug addicts. Ms. Mesa tested positive when tested for probation, which is among her violations.
The woman also gave conflicting testimony about the sexual events that day, not even catching three different versions of a handjob that she managed to tell in one short sentence:
"I never held his penis; my hand was over his penis and it was only there for as long as he kept my hand on his penis," she told Mr. Lujan in her account of a three- to four-minute handjob she gave to Mr. Song.
The cross examination of the woman continues tomorrow. Her mother, a fugitive from the law, is the star witness and cannot be accounted for by the prosecution.
Mr. Song has been incarcerated since his arrest on December 2, 2016 for these alleged crimes.
For previous details given in this case, please read Tuesday's story here.