HAGÅTÑA (The Guam Daily Post) — A judge has determined uncharged accusations of Ugochukwu Akoma sexually assaulting two female patients shall not be admitted as evidence at his rape trial.
On Nov. 13, Superior Court of Guam Judge Alberto Tolentino issued a decision and order for Akoma, the Hepzibah Family Medical Clinic doctor, who stands accused of sexually assaulting a female patient in October 2021.
Tolentino’s order comes after a request was made by Akoma’s attorney, Joaquin “Jay” Arriola Jr., to exclude certain pieces of evidence to be used at trial and a separate hearing was held in June to determine if it could be admitted.
The pieces of evidence requested to be excluded were accusations of similar conduct made by other female patients, which Arriola had called “inadmissible hearsay.”
Hearing
In Tolentino’s order he refers to the calling of the two accusers, who remain anonymous and identified by initials, who testified during the June hearing.
The two women’s testimony was further summarized and reviewed based on the law in question on whether the evidence could be admitted as evidence in a trial.
The first witness’ testimony summarized states she knew Akoma, was alone with him in an examination room at the time of the alleged incident, was touched in the middle and upper thigh and later on the waist before Akoma allegedly tried to kiss her.
In reviewing the allegations, Tolentino found that “since (the witness) only alleges that the defendant touched her middle thigh and attempted to kiss her, the incident does not constitute an allegation of criminal sexual conduct.”
The second woman testified, according to the order, she “may or may not have known” Akoma as a doctor, was in a room alone with an “unconfirmed person” and was touched on the breast.
In contrast to the first woman, Tolentino found in the second woman’s testimony seems to have involved an allegation of sexual assault, there was a “significant concern that the witness was not competent to testify about the incident due to mental health issues.”
“The mental limitations of the witness are such that this Court finds that the probative value of her testimony does not outweigh the danger of unfair prejudice, confusion of the issues and misleading the jury,” Tolentino wrote before concluding in the order he would deny the two women’s testimonies to be admitted as evidence.
Charge
Akoma’s trial will have a jury of six to determine whether the doctor sexually assaulted a patient at his clinic.
According to charging documents, the woman said she was alone with Akoma in an examination room when Akoma made her sit down on a chair and sat next to her. He then made the woman touch his groin “over his clothing” and touched the victim’s private area inappropriately, documents state.
Akoma was charged in October 2022, almost one year after the alleged incident.
Ugochukwu Akoma walks out of court after his hearing Tuesday, May 9, 2023, in Hagåtña.
