What is sexual violence?
A man accused of sexually assaulting an elderly and disabled nursing home resident testified Tuesday that someone planted his DNA from a used condom in the body of the alleged victim.
The accused, Anthony Mamboleo Nyakeo, 53, of Fort Worth, was a nursing home employee who provided health care services to the victim when the assaults were alleged to have occurred. An indictment says Nyakeo used his position to exploit the victim’s feelings of emotional dependence.
Nyakeo told the jury that he was having an affair with his charge nurse, an allegation which she denied. Nyakeo said he discarded the condoms that they used in waste bins at the Grapevine nursing facility where he was working at the time.
Jordan Rolfe, Tarrant County prosecutor, reminded Nyakeo that the nurse who testified earlier in the trial flatly denied having intimate relationships with any of her co-workers.
“She said you’re older than her parents and old enough to be her grandfather,” Rolfe said.
Rolfe then summarized his testimony, saying that the defendant’s theory was that someone tore the skin from the victim’s genitalia and put Nyakeo’s DNA inside her.
“Someone put it there,” Nyakeo said. “I didn’t.”
Nyakeo is accused of sexually assaulting an elderly woman who could not speak and could not move. If he is convicted, he faces a maximum 99 years in prison.
The victim could not give consent
According to the indictment, the victim in this case was an elderly woman who suffered from a mental impairment and did not have the capacity to refuse the advances of the accused. The victim was being cared for at Woodridge Health and Rehabilitation, a nursing facility for elderly and disabled people located in Grapevine, said Alyssa Osorio, one of the nurses who cared for the victim.
The assaults began on or about Jan. 26, 2018, the two-count indictment says. The victim, who is not being named because typically the Star-Telegram does not identify sexual assault victims, suffered from dementia and died from Alzheimer’s disease at age 75, according to witness testimony and her obituary.
“The defendant knows that as a result of mental disease or defect the victim at the time of the sexual assault (was) incapable of either apprising the nature of the act or resisting it,” the indictment says.
The victim was taken to a local hospital for examination after showing signs of bleeding, Osario said.
Violet Gorman, a nurse at John Peter Smith Hospital who specializes in sexual assault examinations, testified that the victim suffered from significant injuries. The victim had tears and cuts in various places on her genital area, Gorman testified.
“Instead of providing the care she needed, he raped her,” Darren De La Cruz, Tarrant County prosecutor, said during his opening statements. “We know this because he left his DNA behind.”
There were three suspects when the investigation started
Two other suspects were identified during the investigation, then excluded by the analysis of DNA evidence, Grapevine Det. Christina O’Rear testified. Some of the samples collected at John Peter Smith Hospital were found to contain DNA and semen, and those were sent to the University of North Texas Human Identification Center for analysis, O’Rear said.
Three men had given care to the victim during the time period in question and that group of men, which included Nyakeo, were identified as suspects in the case, O’Rear said.
O’Rear revealed to Clay Graham, one of the attorneys representing Nyakeo, that she did not interview some of the Woodridge employees involved in the case, but used statements collected by the nursing home administrator.
“Does Grapevine routinely deputize nursing home administrators?” Graham asked.
But O’Rear explained that when the case was initially called in, she was not immediately assigned to investigate. The initial report was informational, O’Rear said.
“The report said there was a possible sex assault,” O’Rear testified. “We didn’t want to lose information but there was not a full-blown investigation right away. I got the case several days later.”
Some of the DNA samples collected had more than one contributor, according to Farah Plopper, a forensic analyst at the UNT Center for Human Identification. But by comparing the DNA samples that contained semen, the laboratory was able to exclude the other two suspects, Plopper said.
Nyakeo’s DNA was the only sample that could not be excluded, Plopper said.