PORT ANGELES — A 41-year-old Sequim man who has been convicted twice for sexually assaulting a woman near the Railroad Bridge Park about five years ago has filed a motion asking the judge to set aside the verdict.
Steven E. Ong was scheduled to be sentenced in Clallam County Superior Court on Tuesday. Instead, defense attorney Loren Oakley filed on Monday a “motion for a new trial, judgment notwithstanding of the verdict, arrest of judgement, and other relief in the furtherance of justice.”
Oakley argued that Ong did not receive a fair trial because there was no attempt to subject Ong’s clothes to DNA testing.
He also said that the state could not back up its claim that DNA testing would have been fruitless.
The attorney wrote that the proper remedy would be to grant the motion for a judgement notwithstanding the verdict or arrest of judgement and to dismiss the case.
“Granting Mr. Ong a new trial is insufficient to remedy the wrong the defense suffered,” Oakley said.
The motion essentially asked the court to dismiss the case.
Clallam County Prosecuting Attorney Deb Kelly moved to strike the motion on the grounds that it was untimely.
Ong was convicted a second time in Clallam County Superior Court on April 9.
Judge George L. Wood rescheduled Ong’s sentencing hearing to May 11 to give the state time to respond to the motion.
Ong was sentenced to life in prison as a third-strike offender for second-degree assault with sexual motivation and fourth-degree assault in 2008. Those convictions were overturned by the state Court of Appeals.
The appellate court determined that testimony of Ong’s previous convictions of burglary and car theft during the first trial was prejudicial.
A Clallam County jury reaffirmed the conviction in a three-day trial this month.
Police have said Ong approached a woman who was sunbathing with her toddler near the Sequim-area park on Memorial Day weekend in 2005.
He first asked for a cigarette, then tackled the woman and tried to remove her clothes. The woman fought with Ong, who grabbed the child and threatened to kill him after the woman screamed.
He was arrested seven hours later.
In his motion, Oakley also argued that the state violated Ong’s right to a speedy trial and subjected him to double jeopardy.
The Prosecuting Attorney’s Office will once again seek life in prison when Ong is sentenced.
People convicted of serious criminal offenses on three or more separate occasions are considered habitual offenders and are subject to increased incarceration.
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Reporter Rob Ollikainen can be reached at 360-417-3537 or at rob.ollikainen@peninsuladailynews.com.