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WEST JORDAN — A man accused of sexually assaulting a woman 25 years ago is set to face trial, even though the accuser testified on Wednesday saying she does not remember the crimes.
An officer also testified that the alleged victim recently told him nothing happened.
Third District Judge Matthew Bates determined the account given by the woman to police in 1997, along with DNA evidence tying defendant Jaime Calderon to his accuser, was enough to bring the case to trial. At this stage, Bates said, something is only improbable if it is impossible, not because of inconsistent testimony.
"The court's hands are bound by the law in this case," Bates said.
He said putting this case before a jury would be tough for the jury.
"The state has a very hard row to hoe in this case," he said.
According to the testimony of Heather Stringfellow, the woman told her in 1997 that she had an argument with Jaime Calderon at the Salt Lake City International Airport. Stringfellow said she was told that Calderon pulled out a gun when he was asking the woman to get into his car, which she didn't want to do, and that Calderson then drove the woman to an apartment where he sexually assaulted her.
A warrant was issued for Calderon, 46, in 1997 but he was not arrested until earlier this year in California.
Calderon's attorney Jonathan Paz entered not guilty pleas for his client for charges including aggravated kidnapping and two counts of aggravated sexual assault, first-degree felonies; and robbery, a second-degree felony.
Although the charges are continuing to trial, Bates did say he did not think there was enough evidence to continue holding Calderon at the $250,000 bail previously set, and reduced the bail to $10,000. The judge rejected requests from the prosecution that Calderon be required to stay in Utah and wear an ankle monitor, deciding he could attend the next hearing remotely from California.
The accuser testified Wednesday, saying she did know Calderon and remembers an argument with him that day, getting into his car and being scared, but she did not remember whether he showed her a gun, where they went, or any of the other events she was asked about.
"No, it's been too long, I just don't remember," she said in response to one of the questions.
She also said while being questioned by Paz that she didn't remember telling officers in a more recent interview that nothing had happened, but agreed she told officers she did not want the prosecution to continue.
Gerald Allred, a detective who helped retrieve Calderon from California and was present for a recent interview with the prosecutor and the accuser said the woman told police more recently that nothing happened, that she didn't remember and that she didn't want to "send an innocent person to jail." The attorneys also said the woman told them she doesn't know why she would have said the crimes occurred 25 years ago.
Paz argued that because of these statements, the case is groundless and should not move forward.
Deputy District Attorney Stephanie Morse said DNA from Calderon matched DNA taken from the woman in 1997. She argued that although the woman does not remember the events now and made recanting statements, the charges are supported because the woman previously said there was an altercation and there is DNA evidence.
She said there are multiple reasons an accuser might recant what they said, and that there is enough probable cause that the assault happened to continue the case.
