KAILUA-KONA — A jury this week acquitted a Kailua-Kona man charged with sexually assaulting a woman last April in Kailua Village.
After three days of trial, jurors on Thursday found James Tan not guilty on all charges.
“Obviously, we’re disappointed,” said Deputy Prosecuting Attorney Chase Murray on Friday. “We really believed in this case. A jury expects to see hard evidence and you just don’t have that in acquaintance sexual assault cases.”
Tan’s attorney also commented about the case.
“I appreciate the hard work of the jury in listening to testimony and looking at the evidence presented and applying the law in this case,” said Deputy Public Defender Ann Datta on Friday.
Tan was indicted by grand jury in December 2017 on two counts of first-degree sexual assault, kidnapping and first-degree unauthorized entry into a motor vehicle.
The charges stemmed from an alleged incident April 16, 2017, at Coconut Grove Marketplace. According to police, Tan ran into the alleged victim April 15 while downtown. The two were acquaintances.
Police say the assault occurred the next morning outside a public establishment on Alii Drive. Part of the assault also happened inside the vehicle the victim was driving that night.
Murray said the case hinged on consent, adding “#MeToo” issues came up in jury selection.
Murray said he knew the case was going to be tough, and despite the verdict, he thought the jury did a good job.