Judge calls for new trial in sex assault case

Kim Smith

Friday, Sept. 21, 2001 | 10:15 a.m.

A man convicted last year of drugging and sexually assaulting a Las Vegas woman drew one step closer to obtaining a new trial Thursday.

Raymond Flores, 22, was sentenced last fall to 10 to 25 years in prison for the assault on the 32-year-old mother of three. A jury convicted him on one count of sexual assault and acquitted him on a sodomy count because of a lack of physical evidence.

A few weeks ago, however, another man, Ryan Fulton, confessed to performing the act of which Flores was found not guilty.

Deputy Public Defender Dianne Dickson immediately filed a motion asking District Judge Kathy Hardcastle to give Flores a new trial based on the new information.

On Thursday, Hardcastle said that had the Clark County jury known about the confession, they may not have convicted Flores.

As a result, Hardcastle said she is going to ask the Nevada Supreme Court to overturn Flores' conviction and send the case back to her for a new trial.

In addition, Hardcastle released Flores, a lance corporal in the Marines, from prison on his own recognizance. Should Flores be dismissed from the military or sent overseas to fight in the war on terrorism, Hardcastle said she is to be notified.

Dickson reacted to the news by laying her head on Flores' shoulder and rubbing his back. Later, she began to cry.

"Because I know he's innocent," Dickson explained.

Flores turned down requests for an interview through his attorney.

Deputy District Attorney William Kephart said he was upset at Hardcastle's decision and intends to fight against the new trial.

Kephart says that Fulton's confession does not exonerate Flores because Fulton confessed only to the act that Flores was found not guilty of.

The defense will never get around the fact that DNA linked Flores to the other sexual act, Kephart said.

Both men could have sexually assaulted the woman, but because she was unconscious she can't identify either one, Kephart said.

The woman left the courthouse Thursday without speaking to reporters.

Kephart said he hopes to try Fulton during Flores' second trial, assuming there is one. The military has also expressed an interest in prosecuting Fulton, and Kephart said he is working with the military to see who will try him first.

Fulton, also a Marine, and Flores were stationed at Nellis Air Force Base at the time of the incident. The two shared a room at a local hotel near the base.

Dickson said she is confident Flores will be exonerated at a second trial.

"I appreciate what Ryan Fulton did," Dickson said. "I know it was very difficult for him and I'm glad he had the courage to do it."