Conflicting testimony from the 14 year old victim and the defendant as they both took the stand Wednesday in the Kobe Paez first degree sexual assault trial.
The 19 year old Paez is charged not only with the felony sexual assault charge but also enticement by an electronic communication device.
The victim was the first to take the stand, telling the jury the two were in the early stages of sexual intercourse in her Aunt’s backyard when she pulled away after hearing her older sister yelling their name in the front yard.
Assistant Attorney General Doug Warner reviewed pages of copied Instragam messages between the two prior to the assault, the victim indicating early that nothing would happen if the defendant came over. But later in the conversation she directs him to the house and testifies her comments about smoking involved marijuana as the conversation turns sexual and he suggests oral sex might be part of the plan.
Paez maintained the two never did more than kissing in the backyard and said he fled the scene when the victim told him she was 14 when they heard the older sister’s voice in the front yard. Paez and his attorney Sterling Huff maintained throughout the trial that the victim lied about her age, saying she was 17, had a car and went to high school.
When asked about the sexual conversations between the two on Instagram, Paez said they were talking “just like any teenager would talk” on social media. Paez also said he fled the scene because he knew the older sister didn’t like him and the victim said her family would “kill him”if they found the two together.
Earlier in the day DNA analyst Joe Choquette testified the victim’s DNA was the lone source of DNA that he found during his testing. Choquette said he didn’t test the defendant’s DNA because he had no male DNA from his testing to compare it to.