The Superior Court has qualified the Office of the Attorney General’s expert as an actual expert in sexual abuse examinations and will allow him to testify his findings.
Superior Court Presiding Judge Robert Naraja denied, in part, the order of limine filed by defense lawyer Bruce Berline in the case of Manolo Romolor. Romolor is charged with sexual assault in the first degree and assault and battery.
Berline filed an order of limine to exclude Dr. Michael Deary as an expert in the trial.
Order of limine is a motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case.
The Superior Court denied part of the filed order because the court found that Deary qualifies as an expert in sexual assault examinations due to his extensive background in obstetrics and gynecology.
“The subject matter of Dr. Deary’s proposed expert testimony is well within Dr. Deary’s knowledge, skill, experience, and education,” the court order states.
The Superior Court did grant part of the defense’s filed order by excluding Deary from giving any testimony on the common misconceptions regarding the medical diagnosis of sexual assault patients.
“It is clear to the court that it is a bridge too far for Dr. Deary to be qualified as an expert on sexual assault misconceptions. The court would like to make it clear that Dr. Deary is not allowed to testify at in any way regarding any misconceptions associated with sexual assault. Deary can testify to his medical findings and medical opinions of his sexual assault examination for the alleged victim,” the court order states.
The jury trial for Romolor is set for Feb. 11, 2019.
Police said Romolor admitted sexually assaulting the victim and that he only stopped when their other friend punched him thrice.
According to the victim, she had attended a small party at a friend’s apartment when the incident happened in 2016.
The victim said she took five shots of liquor and that she became drunk and her friend’s wife helped her inside her bedroom where she slept.
While sleeping, the victim felt someone on top of her but thought it was her boyfriend. She then remembered that her boyfriend was off-island. When she looked up, she allegedly saw Romolor on top of her. The victim told him to stop, but the he continued assaulting her. She said Romolor kissed her hard, causing a small cut on her upper lip.
The victim said she pushed Romolor. Her friend’s wife, who was sleeping in the same room, got up and punched the suspect several times to get him off her.
Later, the victim asked her friend to drop her off at her house. She said she was scared and ashamed to report the incident to the police.
The victim identified Romolor in a Facebook photo shown her by a detective.
Romolor allegedly admitted kissing the woman.