A disc that contains photos from the pediatric examination on a girl who was allegedly sexually abused could not be found by the government, according to defense counsel Richard W. Pierce on Thursday.
“This is more than mysterious,” said Pierce, who filed a motion asking the Superior Court to dismiss the charges against 59-year-old Ho Jin Yoon.
Pierce said these photographs are vital for the defendant’s experts and to understand the examination.
“The failure to disclose material evidence affecting credibility falls within the general rule that the missing or suppressed evidence may make the difference between conviction and acquittal,” he said.
Pierce said a crime scene technician took the photos during the pediatric examination of the girl on March 18, 2013.
Pierce said that, on Aug. 15, 2013, Yoon filed a motion to compel the production of the videos made by the girl’s mother and the photos taken by the crime scene technician during the pediatric examination. The lawyer said they got the videos but no photos.
He said a government related to him when they delivered the videos that the government is unable to find the disc with the photos.
Apparently, Pierce said, the crime scene technician claims that he does not recall the disc, although he signed for it.
Pierce said the videos produced by the mother and delivered by the government to Yoon under court order shows that the mother likely inserted her fingers into the girl’s genital on March 17, 2013, the day before her examination by the pediatrician at the Commonwealth Health Center.
Police arrested Yoon in March 2013 for allegedly sexually abusing a 6-year-old girl. Yoon owns four retail stores on Saipan and one retail store in Guam. He is out on bail.