Victim of rape wonders why suspect is free

Kim Smith

Thursday, Jan. 31, 2002 | 9:35 a.m.

The 34-year-old mother of three said that when she was raped in August 1999, she asked herself "Why?"

Now she's asking why the man who was convicted of sexually assaulting her was released from prison and now, five months later, has been granted a new trial.

District Judge Kathy Hardcastle on Wednesday granted Marine Lance Cpl. Raymond Flores a new trial, pointing to numerous problems with the case, including the confession and subsequent recantation of a fellow Marine.

"I don't understand why Kathy Hardcastle would do this," said the woman, who asked that her name not be used. "The evidence against Raymond Flores hasn't changed.

"It infuriates me that I'm locked in my house like a criminal and he's been out there having a heyday," the woman said. "I've been told he's been seen at nightclubs, even The Beach, ironically."

The woman believes Flores, an acquaintance, slipped her a date-rape drug in August 1999 after running into her at The Beach nightclub. The last clear memory she had before waking up in Flores' motel room was drinking a shot of tequila he had given her.

Flores, 23, was sentenced in January 2001 to 10 to 25 years in prison for raping the woman. A jury convicted him on one count of sexual assault and acquitted him on a sodomy charge because of a lack of physical evidence.

He was released after a fellow Marine in September confessed that he had sodomized the woman and may have committed the other sexual assault. Lance Cpl. Ryan Fulton shared a motel room with Flores at the time.

Hardcastle ruled Tuesday he would have a new trial. Flores might not remain free, however. Deputy District Attorney William Kephart told Hardcastle that the Marine Corps plans to arrest Flores immediately so they can try him on sexual assault charges themselves. Kephart also plans to appeal Hardcastle's decision, he said.

Flores was reassigned from a Marine base in San Diego to active duty with a Las Vegas Reserve unit, where he has served since his release.

In an affidavit signed last week, Fulton said he was pressured into confessing by military investigators and Flores' friends.

Kephart argued against a new trial, noting that more sophisticated DNA tests requested by the Marine Corps strengthened his case against Flores. He asked that Flores be sent back to prison.

Flores' attorney, Dianne Dickson, maintained her client's innocence and said Flores will be vindicated during a second trial.

The woman said that as much as she hates the idea of testifying again, she will do so. She's prepared to testify against Flores and Fulton, whom civilian and military prosecutors still consider a suspect.

"I promised myself and my children that they won't see me back down," she said. "If I back down, it's letting them get away with it. If they're not on the streets, they can't do any more damage, they can't hurt anyone else."

A status hearing on the case is set for Feb. 13.