Closing arguments will be heard Tuesday in the jury trial for a 21-year-old man accused of sexually assaulting an elderly woman in 2019 at a South Kohala campground.
Testimony wrapped up Thursday in the trial of Zeth Browder, who was 18 at the time of the alleged incident June 15, 2019, at Spencer Beach Park. Browder is charged with two counts each first-degree sexual assault and third-degree sexual assault and one count each first-degree burglary, kidnapping and tampering with evidence.
Sebastian Yuen, a DNA analyst for the Honolulu Police Department, was the last to take the stand and revealed test results from the sexual assault kit provided by the Hawaii Police Department. Swabs from the victim’s mouth, face, genital area, breasts and fingernails were analyzed to determine if Browder’s DNA was present. Yuen said Browder’s DNA could not be excluded from the breast swabs, however, the remaining swabs were all negative for semen and male DNA.
Yuen explained “could not be excluded” means 1.13 million unrelated individuals would have to be tested in order to find another DNA with the same markers the lab tests. He also said the sample was small, had to be amplified and there was not enough to do a full DNA analysis.
He conceded the DNA found on the woman’s breasts could have been from a sneeze, saliva from speaking or even a hug.
Deputy Public Defender James Greenberg motioned for acquittal based on the DNA results and the victim’s inconsistent statements.
Honolulu Prosecuting Attorney Kristen Yamamoto objected to the motion, citing there was enough evidence for a reasonable person to find Browder guilty. The Honolulu City and County Prosecutors Office is litigating the case due to an undisclosed conflict of interest with the Hawaii County Office of the Prosecuting Attorney.
Circuit Court Judge Robert D.S. Kim denied Greenberg’s motion.
The state rested its case, the defense did not call any witnesses and Browder opted not to testify.
Closing statements will be heard on Tuesday, after which the jury will begin deliberation.
First-degree sexual assault and kidnapping are class A felonies punishable by up to 20 years imprisonment; first-degree burglary is a class B felony that carries a 10-year sentence; and third-degree sexual assault in a class C felony punishable by five years behind bars. Evidence tampering is a misdemeanor offense
Because prosecutors intend to seek enhanced sentencing measures if Browder is convicted of two or more the felony counts he faces longer terms behind bars. Such enhancement would mean a life sentence with the possibility of parole for the class A felonies and double the time behind bars for the class B and C felonies.
