PORT ANGELES — Martin C. Perez, an accused rapist whose first trial ended with a hung jury last week, has a new trial date.
A second trial was scheduled Thursday for May 7 in Clallam County Superior Court.
Perez, 40, of Forks is charged with first- and second-degree rape and second-degree assault for an alleged attack on a 45-year-old woman at a remote job site near Forks last September.
Perez has maintained his innocence, saying he had consensual sex with the woman.
The seven-man, five-woman jury deliberated for one day before declaring a mistrial last Friday afternoon.
Clallam County Deputy Prosecuting Attorney James Kennedy said Perez will face the same charges in his second trial.
Perez appeared in court Thursday wearing handcuffs and a standard jail uniform. He was allowed to wear a suit and was unshackled during his week-long trial last week.
In closing arguments last Thursday, Kennedy said Perez lured a woman to a garage near the east end of Calawah Way, dragged her out of a van and raped her inside the unoccupied building.
Citing a lack of physical evidence, defense attorney John Hayden of Clallam Public Defender said the state failed to prove beyond a reasonable doubt that a rape or an assault occurred.
The alleged victim took the stand last week. Perez did not testify.
A status conference for the new trial is set for April 6.
Perez is being held in the Clallam County jail on $25,000 bail.
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Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 56450, or at rollikainen@peninsula dailynews.com.
