PORT ANGELES — A court hearing was delayed Monday for a Sequim man who could spend life in prison under the state’s three-strikes law for being found guilty of sexually assaulting a woman at Railroad Bridge Park in Sequim five years ago.
But the victim — who had her son, then 21 months, with her at the time of the attack — may make a statement to the court on Wednesday.
Steven E. Ong had been scheduled to be sentenced today if Clallam County Superior Court Judge George L. Wood denied a motion by Port Angeles lawyer Loren Oakley of the Public Defender’s Office to dismiss Ong’s April 9 guilty verdict.
On Monday, Wood, who must preside over a jury trial this week, postponed today’s hearing to 9 a.m. May 19, but said he would allow the victim to address the court at 9 a.m. Wednesday if she could not attend on May 19.
Ong was found guilty in 2008 of sexual assault for attacking the woman and assault for attacking her baby boy at Railroad Bridge Park on May 28, 2005, but that conviction was overturned by the state Court of Appeals.
2008 convictions
According to the Clallam County Sheriff’s Office incident report, Ong lifted up the woman’s skirt, grabbed her by the neck and placed his hand over her mouth.
When she started to scream, Ong, described in the incident report as 5-foot-7 to 6 feet tall and 160 to 170 pounds, grabbed the child by the neck and threatened to kill him, then let go of the boy and wrestled with the woman before he stole the woman’s cell phone and ran toward Hendrickson Road.
Ong, who according to the incident report was not wearing a shirt when he fled the park, was arrested later that evening when deputies responded to a prowler call in the Sequim area.
Ong matched the description the woman provided to police.
As the basis of his dismissal motion, Oakley said Monday that the county prosecutor’s office did not but should have conducted DNA testing Ong’s shirt.
Dismissal motion
Oakley said the lack of testing amounts to “prosecutorial misconduct,” and he will appeal any ruling that would send his client to life in prison without the possibility of release.
County Prosecuting Attorney Deb Kelly was unavailable for comment Monday.
Ong was sentenced in 2008 to life in prison as a third-strike offender for fourth-degree assault and second-degree assault with sexual motivation connected to the 2005 attack.
In overturning the convictions, the state Court of Appeals said testimony should not have been allowed that Ong had been convicted of burglary and car theft.
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Senior Staff Writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com.