Marines might try new rape case

Kim Smith

Wednesday, Jan. 30, 2002 | 10:47 a.m.

Marine Raymond Flores could be tried in both military and civilian courts should District Judge Kathy Hardcastle grant him a new trial today.

Col. William Durrett, a Marine staff judge advocate in San Diego, said that if Hardcastle grants Flores a new trial, he would immediately try to arrest the lance corporal and obtain jurisdiction in the case.

The Clark County district attorney's office could try Flores afterward, Durrett said. The federal government and individual states can try the same person for the same crime without violating the U.S. Constitution's double jeopardy clause, he said.

Flores, 23, was sentenced in January 2001 to 10 to 25 years in prison for the rape of a 32-year-old mother of three in August 1999. A jury acquitted him of a separate sodomy charge because of a lack of physical evidence.

Flores was released in September after Lance Cpl. Ryan Fulton confessed that he had sodomized the woman and may have committed the rape. Based on that confession, Hardcastle had Flores' case returned to her for a new trial.

Flores has been on active duty with a Las Vegas Marine reserve unit since his release.

Fulton recanted his confession last week before a trial date could be set, saying in an affidavit that military investigators and Flores' friends pressured him into confessing.

Deputy District Attorney William Kephart has asked Hardcastle to have Flores re-arrested and placed back in prison.

Flores' attorney, Deputy Public Defender Dianne Dickson, maintains her client's innocence.

At the time of the alleged rape, Flores and Fulton were stationed at Miramar Marine Corps Air Station near San Diego. They were in Las Vegas for military exercises.

Durrett, who is stationed at Miramar, said an Article 32 hearing, similar to a grand jury, would be held.

If the military charges Flores with sexual assault, he would be tried under a general court-martial, Durrett said. If found guilty, Flores faces life in prison and could get a dishonorable or bad conduct discharge.

The military had started the process of separating Flores from the Marine Corps when Fulton confessed, Durrett said.

Kephart said he is frustrated by the twists and turns the case has taken.

"My biggest concern is for the victim. I don't think she was given justice," Kephart said. "But, I'm also disappointed in our system and upset with the fact that a known, convicted rapist who has not been punished has been out walking our streets."

"My client is innocent," Dickson said Monday. "Nothing has changed."

Dickson said she was surprised by Fulton's change of heart, although she understands his reasoning.

"I think he recanted because he finally realizes the consequences of what he's done," Dickson said.

Fulton said in September that he waited to confess because he didn't want to be considered a rapist.

Fulton said in that statement that he hoped Flores would be able to get out of prison and back home "where he belongs."

"As far as Ray having sex with (the victim) that evening in the bedroom, I can say for sure there is no way that happened. Ray was totally passed out and was in no condition to have sex with anybody," the confession said.

Kephart, however, said further DNA testing conducted by the military strengthens his case against Flores.

Fulton's status remains as questionable as Flores'.

Fulton faces sexual assault, perjury and drug charges in military court, and he still could be tried for sexual assault and perjury in Clark County, Kephart said.

Fulton did confess to sodomy at one point and he clearly lied about Flores' actions on the night in question during Flores' trial, Kephart said.