"Prosecutors on Monday charged Alon and Oren Alexander with sexual abuse by physical incapacitation, alleging that the twins engaged in a sexual act with a woman on a January 2012 cruise while she was physically incapable of saying no. The new count concerns the same incident for which they're already charged with aggravated sexual abuse by force, threat or intoxication. November charging papers allege the twins drugged or intoxicated the woman without her knowledge."
"The Alexanders' attorneys used the final conference before the brothers' Jan. 26 trial to argue that the new charge should be dismissed because the indictment doesn't state that the twins knowingly engaged in sex with the woman or that they knew she was physically incapacitated a requirement, they argued, to charge someone with that crime. This is a fatal flaw requiring dismissal of the indictment,"
"Furthermore, they argued, the fact that government prosecutors were charging the brothers with two different counts related to the same incident raised the question of whether the government really knew what happened that night, or if they were just charging anything they could think of and hoping one of the charges stuck. These two counts represent a classic hedge by the govern"
Alon and Oren Alexander face federal sex trafficking and rape charges alleging they assaulted dozens of women over a decade. Prosecutors added a count accusing the twins of engaging in a sexual act with a woman on a January 2012 cruise while she was physically incapable of saying no. That new count targets the same incident already charged as aggravated sexual abuse by force, threat, or intoxication, with November papers alleging the woman was drugged. Defense attorneys moved at a final pretrial conference to dismiss the new count for failing to allege knowing engagement or knowledge of incapacitation, calling it a fatal flaw and a duplicative hedge by prosecutors.
Read at www.amny.com
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