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scrappa
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2026-10-22 20:43
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You don't have to. >> I know. I understand. I just just for the record um a lot has been said. Um I I will say if just a few things. Number one, words have meaning and words have context. And and uh Ms. Tangaro talks about the cat call and and what was said and what was not said and and uh the word cancel means something. Um and and it's one thing to say, "I want to cancel this whole thing. I want to stop this thing from here on out." versus "I want to hold off on this evidence for now because I I'm still trying to decide what I want to do with that evidence." That's a big big difference. Um uh the idea of um "I thought I did something wrong." Um this court knows and has all kinds of experience. Victims say that all the time. They wonder why um why things happen and uh and think that they're the ones who are >> for what >> anyway. >> And they blame themselves. >> We have not presented our case. We presented enough evidence for probable cause. There are answers to so much of of what has been presented here here from the defense. But, the bottom line is all inferences do go in in favor of the state for this uh uh level of of the case and we would ask the court to bind over and we'll have this case set for a trial. Thank you. >> Thank you. Ms. Tangaro, I can disregard testimony that is so contradictory, inconsistent, or unbelievable that it is unreasonable to base belief. Correct? That's the quote. >> Yes. >> Correct? And I think you said it best regarding the cat call. It's your gas. And it's a quintessential he said, she said case which means there's evidence. Credible evidence, but conflicting evidence. Some of the notes that I took are the same that you noted in your argument. For example, the 1102 statement that says we started kissing and engaging in some sexual activity, but not sex, not even somewhere close to that. And I I wrote oral sex is pretty close. But that's conflicting. It's not incredible. It's not so inconsistent that I can't base belief. The timing issue. If I did the math right, this happens between 1:30 and he leaves at 4:00 4:30 in the morning and there's timing issues. Again, not so contradictory and inconsistent that it defies belief, but it's conflicting evidence, but still credible evidence. And I could go on and on. But for that purpose and for those reasons, I am binding over. Mr. Kingston, you're bound over to answer before this court on the charge of felony rape as a first-degree felony with maximum possible penalties of 5 years to life in prison, $10,000 fine, 90% surcharge, $53 court security fee. Would you like me to enter a not guilty plea today? >> Yes. >> Okay. We'll enter not guilty plea today, Mr. Kingston, to preserve your rights. And we'll set this for a 4-day trial or 5? >> I think four will probably work. >> imagine. >> Okay. >> May I suggest I don't know what your calendar is, but I do know what mine and co-counsel and my experts is. Any chance you have the first week of June? >> I'm in Hawaii that week. >> Easter. >> Our key witness is not available first week of June. >> Your alleged victim? >> Our our detective. >> Will you I'm going to have you approach. I'm going to ask him where he's going to be and what's going on. And I don't want him to have to tell the whole world. So
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