A man accused of raping a woman at knifepoint at El Molino High School campus in Forestville, California, may be cleared of all charges based on new evidence suggesting they knew each other and had arranged to hook up.
At first, police believed David J. Kocalis, 24, wore a mask and snuck up behind an 18-year-old woman on Aug. 30 near the high school tennis courts after classes had let out, reports Press Democrat. They said he threatened her with a knife before raping her.
The victim identified the man’s tattoo and the vehicle he was driving – which was also captured on a surveillance video. Kocalis was arrested the next day and and faced life in prison for the alleged sexual attack.
But new evidence points to the possibility that the suspect and woman knew each other and that she reportedly sent him a text message earlier that day asking him if he wanted to have sex with her, according to police.
“It was determined her story was not credible whatsoever,” said Kocalis’ lawyer, Evan Zelig. “It was completely made up.”
Zelig says the woman and his client had sex in his borrowed Porsche SUV before moving the vehicle near the tennis courts because the alarm kept going off. He also claims she made up the story because she missed her curfew and Kocalis wouldn’t lend her $20.
The sheriff’s investigators confirmed the existence of the messages and that the woman had attempted to delete her texts.
Prosecutors say they are going through the forensic evidence with a “fine-toothed comb” and will decide on Oct. 6 – when the suspect returns to court – whether his charges will be dropped.
Source: Press Democrat