Jacob Ewing’s pornography viewing history will be allowed in next month’s rape trial, a judge has ruled.
The Holton, Kan., man, who was acquitted of charges of aggravated criminal sodomy and indecent liberties of a 13-year-old in April, now faces allegations of rape, aggravated sodomy and battery brought by two women. Earlier this month, the prosecution argued scenes in porn videos that Ewing viewed around the time the alleged crimes occurred mirror the acts he’s charged with.
Judge Norbert Marek ruled Tuesday to allow portions of the pornographic material to be used during Ewing’s trial, which begins June 26.
Ewing is also charged with the rape of two other women and the attempted rape of another.
“Apparently, portions of the videos depict acts that (Ewing) is said to have replicated himself upon the witnesses. The relevance of this evidence could prove motive, intent, preparation, plan, knowledge or identity,” and its significance is not outweighed by the possibility of instilling prejudice toward Ewing in the jurors, Marek wrote.
Search warrants resulted in the recovery of Ewing’s porn history on various electronic devices. Jacqie Spradling, the prosecutor in next month’s trial wrote Ewing viewed violent porn that included rape reenactments.
Ewing “chose video after video showing a woman being raped, sodomized and hit,” Spradling wrote.
Court documents reveal Ewing viewed the violent porn within 45 days of May 6, 2016 — the date the alleged rapes occurred in Ewing’s trailer. The scenes include non-consensual sex and verbal and physical abuse of females. At the end of one, a male voice says: “Not condoning rape unless you have a reason.”
“The Court will allow the prosecution to offer redacted portions of videos depicting acts similar to the (allegations),” Marek wrote.
The prosecution listed 10 relevant videos, and Marek ruled seven, as described in a brief, “do appear to depict at least some acts that were then carried out.”
Four specific websites were also listed that can be referenced during trial. One is billed as a “one stop shop for all your abuse porn needs.” Another depicts the strangulation and slapping of women who appear underage, the prosecution’s motion stated.
In addition to the rape and attempted rape charges, Ewing was charged with 13 counts of sexual exploitation of a child for possession of child porn earlier this month.
During a pre-trial hearing in early May, Marek approved a prosecution’s request to use evidence from Ewing’s other cases during June’s trial. Such evidence is permissible under Kansas law to prove “some other material fact including motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident.”
Marek did not permit such evidence to be used during last month’s trial, when Ewing was acquitted.