Hearing over, Hopstock awaits word on trial
By David Allen, Stars and Stripes
Pacific edition, Wednesday, October 8, 2008

TORII STATION, Okinawa — The defense called it "the sloppiest investigation this island has ever seen."

The prosecution said "the government met its burden in each and every element of the case."

Now it’s up to the Article 32 investigating officer to make a recommendation whether Army Spc. Ronald Hopstock Jr., 25, should face a general court-martial for the alleged rape of a bar worker Feb. 17 in an Okinawa City hotel.

The three-day hearing, similar to a preliminary hearing in civilian courts, ended here Monday. Lt. Col. Seth Sherwood, who presided over the hearing, said he will make a recommendation to the convening authority within the next few weeks.

He reminded those present at the hearing Monday that his task was merely to report whether there was enough evidence to warrant a trial.

Hopstock, of the 1st Battalion, 1st Air defense Artillery regiment, is charged with raping a 22-year-old dancer in a room at the New Century Hotel. Conviction carries a maximum sentence of life in prison.

He allegedly paid $200 to an employee at the Mermaid, a club on Park Avenue, for the dancer’s company that night. Hopstock, also charged with disobeying a liberty order in the rape incident and unrelated charges of sodomy and procuring a prostitute on several occasions in 2007, claims the sex with the woman was consensual and he stopped when she started bleeding.

During three days of testimony, the defense introduced evidence that the woman, known publicly only as Hazel, had many chances to report she had been raped but didn’t until hours later when she was taken to a local hospital for treatment.

Lead defense attorney Capt. Tim Bilecki seized upon that delay in his argument for not proceeding to a general court-martial.

"There was no objection to being in the room alone with Hopstock," Bilecki said, pointing out that the soldier let Hazel call another dancer from the bar, who was in another room with other dancers and a group of Marines.

"She could have told her in Tagalog [her native Philippine language] that she had been raped, but she didn’t even want to talk to her friend," Bilecki said. "She could have run out of the room. But she didn’t because she wasn’t raped."

Bilecki argued that the bleeding was caused by Hazel’s rare medical condition. Suffering from androgen insensitivity syndrome, Hazel is genetically a male and has a small vagina but no cervix, doctor’s testified during the hearing. Sex with Hopstock caused a serious internal tear, Bilecki contended.

He said Hopstock immediately stopped all sexual activity when he realized Hazel was bleeding and tried to help her, but she refused to get help from friends or go to a hospital. Later, Hopstock spent his last $20 to pay a cabbie to take Hazel to the Awase house she shared with the other bar girls. But it was just her third day on the island and she did not know how to get home.

The cab took her back to the hotel, where she sat in the lobby, looking pale and woozy, until the hotel staff called for an ambulance.

They testified by telephone Monday that Hazel never mentioned she had been raped.

In the end, Bilecki said, it was the Army’s "sloppy" investigation that led to Hopstock being faced with a rape charge.

"The Japanese police and prosecutor did a very thorough investigation — from February to May," he said. "And when the smoke cleared there was not enough evidence to go forward, especially not a rape case."

The Army investigation began May 15 and was rushed, he said, claiming that Special Agent Jennifer Pellegrini made little effort to interview relevant witnesses, including hospital personnel, other dancers and bar employees. Instead, Pellegrini relied on statements the witnesses made to Japanese police, Bilecki argued.

"She wanted to rely on the Japanese statements because she didn’t want to burn manpower," he said.

Many of the witnesses, including some who said they did not believe Hazel had been raped, have gone back to the Philippines.

He said it was obvious Hazel knew what work as an entertainer in a bar in Japan would involve — she had already spent two months as a hostess in a karaoke bar in Hong Kong and admitted that before coming to Okinawa she bought revealing clothing and practiced "sexy dancing."

"This is the sloppiest investigation Okinawa has ever seen and is a disgrace to the CID," Bilecki said.

However, all Sherwood has to decide is whether to recommend if a court-martial should be convened, argued Capt. William Suddeth, the lead prosecutor. "All the evidence indicates [Hopstock] lost control of himself and raped her," he said. "The government’s met that burden."

Ellie