PORT ANGELES — A Forks man charged with raping a woman at his job site last September has a new trial date.
Martin C. Perez’s second rape trial was moved Friday from May 7 to May 21.
Clallam County Deputy Prosecuting Attorney James Kennedy requested the two-week continuance because some of his witnesses would not be available to testify the week of May 7.
Perez, 40, is charged with first- and second-degree rape and second-degree assault for an alleged attack on a 45-year-old woman.
His first trial in March resulted in a hung jury.
The woman testified that she was raped by Perez after she brought an axe and a smoothie to his job site near the east end of Calawah Way last Sept. 6.
Defense attorney John Hayden maintained in closing arguments that Perez and the woman had consensual sex and there was no physical evidence to suggest that his client raped or assaulted the alleged victim.
Clallam County Superior Court Judge Brian Coughenour found good cause Friday to grant Kennedy’s motion for a new trial date despite an objection from Hayden.
The second trial is expected to take one week to complete.
A pre-trial status hearing is set for May 11.
Perez is being held in the Clallam County jail on $25,000 bail.
Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 56450, or at [email protected] dailynews.com.