After two previous mistrials and a lengthy deliberation, a Kansas man was convicted of raping a 19 year old Olathe, KS woman at her home May 19, 2006. Cesar Lopez-Martinez, 30 was convicted of rape even while maintaining his innocence and that the sex was consensual.
The ruling comes after juries in August and December couldn’t reach unanimous verdicts. District Court Judge John Anderson III declared each of the previous trials mistrials. Anderson said before this trial that another hung jury may have caused him to dismiss the case.
“Justice took a long time in this case,” Assistant District Attorney Jill Kenney said. “The jury was ultimately able to reach a decision, and that’s how the system works.”
Kenney added that she’s pleased for the victim’s sake that the case was resolved.
Defense attorney Jessica Travis argued at each trial that the sexual act that occurred between Lopez-Martinez and the victim was consensual, which has been Lopez-Martinez’s stance since the beginning.
“He maintains his innocence, and he was hoping to be found innocent today,” she said.
Travis said she will file a motion of acquittal before Lopez-Martinez’s sentencing hearing because she doesn’t believe the prosecution presented enough evidence for a jury to find him guilty beyond a reasonable doubt. Kenney said she would file a response to Travis’ motion.
Lopez-Martinez, who is facing 147 to 165 months when he is sentenced April 17, will be credited for 22 months he has served in jail.
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