lancaster.ne.gov
STATE DISMISSES SAFI RAPE CASE
Lincoln, NE - Lancaster County Attorney Gary Lacey announced today he has asked the court to dismiss the case against accused rapist Pamir Safi.
Lacey said the dismissal was precipitated by Judge Jeffre P. Cheuvront's reversal of a decision to allow the testimony of two witnesses who alleged Safi took advantage of their drunkenness to force sex upon them. Cheuvront had previously found by "clear" and "convincing" evidence that the women should be allowed to testify under a rule allowing testimony of repeated previous similar conduct to show a defendant's plan to rape.
Lacey said Cheuvront's decision to exclude previous rapes can not be appealed under current Nebraska law.
At the first trial the victim - Torey Bowen's testimony of rape was buttressed by two other female witnesses - one of Kansas City, the other formerly of Fort Riley, Kansas - who said Safi had assaulted them. Cheuvront allowed prosecutors to use the evidence of Safi's prior sexual assaults to show that Safi had a "plan" to rape Bowen.
Safi, 34, was tried late last year in the 2004 sexual assault of a then 21-year-old UNL student. Jurors deadlocked on a verdict. Cheuvront declared a mistrial.
The three incidents shared similar characteristics, Cheuvront had previously ruled. The judge wrote in January 2006 pretrial order, all of the incidents involved consumption of excessive amounts of alcohol by the women, who all said they fell asleep clothed and woke up undressed with Safi haveing sex with them.
Safi did not deny having sex with the women, but he said it was consensual in all three cases.
In Safi's case, jurors were to use the evidence to decide whether he had a plan to sexually assault the woman, but not as evidence that he actually committed the crime.