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Emotional testimony by alleged victim in sexual assault trial

Posted: Thursday, October 14, 2010

Editor's note: The following story contains a description of an alleged crime of a sexual nature. Readers are encouraged to use their own discretion when reading.

The trial of a former Juneau-Douglas High School basketball coach continued Wednesday with the alleged victim struggling through a recounting of the alleged assault.

The alleged victim said James Hamey "manipulated" her breast after she said she let him come into her residence. She also said she would not have admitted Hamey if she had known it was him at the door, but said she could not see through the peephole.

Hamey is accused of second-degree sexual assault after allegedly driving a Care-A-Van to the alleged victim's residence and inappropriately touching her. At the time, Hamey worked as a Care-A-Van driver, but was not called or sent to the alleged victim's house.

District Attorney Doug Gardner read the alleged victim's account of the attack as given to Bruce Weeks, a doctor at the SouthEast Alaska Regional Health Consortium. According to Gardner, she told Weeks, "I remember that I didn't feel it but I saw him... he had his hand on my breast, he was trying to put his hand down ... the back of my pants."

Defense attorney Louis Menendez asked the alleged victim specific questions about the alleged assault. She eventually became emotionally distraught and was given a brief recess. Upon her return to the witness stand, she did not look in the direction of the defense table, keeping her hand covering the right side of her face.

Gardner prepared to call Juneau Police Department detective Krag Campbell, but, after Judge Philip Pallenberg ordered the jury out of the courtroom, Menendez questioned just what testimony was to be allowed, including Hamey's exclamation of "Are you kidding?" when he was first charged with the assault at an interview with Campbell.

Gardner said Menendez was trying to make Campbell out to be a "hard nose" that pounded the confession out of Hamey.

Court records of that interview with police state Hamey admitted to investigators he went to the victim's residence unannounced and touched her without consent.

Bantering between the attorneys about what would be allowed to be presented in Campbell's testimony ended Wednesday's proceedings. Campbell is scheduled to take the stand when the trial resumes at 8:30 a.m. today.

Both Menendez and Gardner said they are confident the case will go to the jury on Friday.

Hamey faces a prison term of 5 to 15 years if proven guilty.

• Contact reporter Klas Stolpe at 523-2263 or at klas.stolpe@juneauempire.com.



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