Zan kidnapping case: Dismissal slated for all charges
Unless an appeals court gets involved, no one will be found guilty in the high-profile Zan nightclub sexual assault and kidnapping case.
Accusations came in June 2013 — that two Saudi Arabian men kidnapped and assaulted a woman after meeting her at the nightclub.
One case is already over, and the case against Rayan Alqabbaa, 22, was provisionally dismissed Wednesday by Judge Mark Powell, after another judge, Calvin Holden, attempted last year to dismiss the case that's taken some bizarre turns.
Powell's order says the case will be dismissed in 30 days "unless instructed or prohibited otherwise."
Holden found Alqabbaa's co-defendent, Ahmed Alanazi, not guilty during a bench trial in August. Wording in Holden's ruling indicated he didn't believe Alqabbaa was guilty either, even though Alqabbaa hadn't been on trial yet.
Police said in 2013 that Alqabbaa and Alanazi took a woman from Zan nightclub against her will on June 1, 2013, rode with her in a cab to an apartment and sexually assaulted her. One problem in the case apparent in the first trial was that the woman's story was different throughout the case. She said her memory was improving, but attorney Dee Wampler accused her of making it up and being intoxicated.
Holden also reviewed video of the defendant the night of the alleged crimes and said it appeared Alqabbaa was "nothing but polite" to the woman.
In the ruling for Alanazi, Holden says the woman "does believe something did happen to her that night. However, the court finds (she) cannot reliably say what happened or who may have done something to her." Testimony in the first trial proved to the judge that the woman had been too intoxicated to say for sure what had happened to her.
Based on that information, prosecutors withdrew the case against Alqabbaa in an attempt to refile for another judge. When he heard that, Holden attempted to dismiss the case "with prejudice," meaning Alqabbaa couldn't have the same charges filed against him again.
Prosecutors had already refiled the charges, and Prosecuting Attorney Dan Patterson said he didn't believe Holden had the authority to dismiss a case that had already been dropped.
When the refiled case got to Powell's court, Alqabbaa's attorneys filed a motion to dismiss the case. Prosecutors argued against the case being dropped.
Powell's order Wednesday does not state whether Holden's ruling to dismiss the case with prejudice was correct. In fact, it says it "is not for this court to determine" and that he is bound by the ruling in Holden's division.
Powell is essentially inviting an appeals court to intervene during the next month if the court believes Powell acted improperly in following Holden's ruling. The specific court that could intervene is the Southern Appellate Court, based in Springfield.
Timeline of events
June 1, 2013: The alleged victim meets Rayan Alqabbaa and Ahmed Alanazi at Zan nightclub. Officials said the men took the woman to an apartment in the 700 block of East Elm Street and sexually assaulted her. Police arrest Alqabbaa and Alanazi.
June 3: Prosecutors charge the two men with sexual assault, sodomy and kidnapping.
June 5: Zan nightclub staff say the club didn't do anything wrong, after the alleged victim said she was drugged, and that nightclub employees were cooperating with police.
Aug. 5: The woman testifies during a preliminary hearing that the men held her against her will and assaulted her.
Aug. 20: The cases against both men are sent to a trial court after Judge Mark Powell found enough evidence to move it forward, but dropped one of the charges — sodomy — that both men faced.
Dec. 19: The Kingdom of Saudi Arabia posts $2 million bond to release Alanazi and Alqabbaa.
Jan. 8, 2014: Judge Calvin Holden reduces the bond for the men to $100,000 each, resulting in a $1.8 million refund to the Saudi Arabian consulate.
March 19: Alanazi and Alqabbaa waive their rights to separate jury trials, instead opting for separate bench trials in front of Judge Holden.
June 16: The trial begins for Alanazi. The alleged victim testifies, and attorneys present evidence and arguments.
July 28: Judge Holden rules that Alanazi is not guilty.
Aug: 14: Prosecutors attempt to get a new judge for Alqabbaa but are denied.
Aug: 18: Prosecutors drop the charges against Alqabbaa and refile the case.
Aug: 19: Holden says the case is dismissed and can't be refiled.
Aug: 27: Prosecutors appeal the court ruling to dismiss the case, but the appeal is later dismissed.
Nov. 17: Alqabbaa files a motion to have the case dismissed.
Dec. 8: Attorneys argue on the motion to dismiss and file briefs in support of their positions.
Jan. 28: Powell dismisses the case, pending/unless an appeals court intervenes in 30 days. intervention from an appeals court in the next 30 days.