MHS basketball player pleads not guilty on sexual assault charges
0 Comments Published by Pioneer Staff on Thursday, May 10, 2007 at 3:54 PM.
16-year-old Molalla High School student Joshua Haqq appeared in the Clatsop County Court on Thursday and entered a not guilty plea to charges of unlawful sexual penetration and sexual abuse.
Haqq was the first of three MHS basketball players to be formally charged in the case, which involves incidents of sexual assault that allegedly occurred during tournament road trips made by the varsity basketball team during December of 2006. The investigation by the Oregon State Police involved incidents in Deschutes and Clatsop County, but as of press time, charges had been filed only in Clatsop County.
The other two defendants, John Berokoff, 18, and Onisefor Kutsev, 17, are facing the same charges as Haqq.
Haqq’s defense attorney Kris Kaino argued that the defendant, who has been housed at a county juvenile detention center since his arrest, should be released into his parents’ custody and placed on house arrest.
Judge Cindee Matyas set Haqq’s bail at $200,000 at his arraignment last Thursday.
“My client has no juvenile record at all,” Kaino said. “He doesn’t have a skateboarding ticket, he doesn’t have a minor-in-possession charge, nothing.”
He added that Haqq has a 3.561 grade point average at MHS and a good disciplinary record and that the defendant’s father, being currently unemployed, would be available to supervise him. The school district, he said, has made arrangements for a tutor to be brought to the Haqq's home twice a week if the youth is released.
“(Haqq) won’t be around the alleged victim, he won’t be in school with him,” Kaino said. “… This was something that involved the basketball team – he’s not going to be on that basketball team, not going to be in school, and not going to be around those kids.”
District Attorney Joshua Marquis said that because of the seriousness of the charges, Haqq should remain in custody. He noted that according to testimony at the grand jury hearing, Haqq did play an active role in the sexual assault, and there was more than one incident.
“Basically (the victim) was terrorized and is still trying to recover from this,” Marquis said. “The charges are serious Measure 11 charges, and if we were looking at an alleged perpetrator and the victim was a young girl, I don’t think the same arguments would be made for release.”
Judge Matyas did not agree to release Haqq. However, she dropped his bail from $200,000 to $150,000. Under Oregon law, if an individual is able post 10 percent of his bail, he must be released.
The Haqq family was unable to post bail as of press time.
Haqq’s parents and four siblings attended the hearing. They declined to comment on the case.
Haqq was the first of three MHS basketball players to be formally charged in the case, which involves incidents of sexual assault that allegedly occurred during tournament road trips made by the varsity basketball team during December of 2006. The investigation by the Oregon State Police involved incidents in Deschutes and Clatsop County, but as of press time, charges had been filed only in Clatsop County.
The other two defendants, John Berokoff, 18, and Onisefor Kutsev, 17, are facing the same charges as Haqq.
Haqq’s defense attorney Kris Kaino argued that the defendant, who has been housed at a county juvenile detention center since his arrest, should be released into his parents’ custody and placed on house arrest.
Judge Cindee Matyas set Haqq’s bail at $200,000 at his arraignment last Thursday.
“My client has no juvenile record at all,” Kaino said. “He doesn’t have a skateboarding ticket, he doesn’t have a minor-in-possession charge, nothing.”
He added that Haqq has a 3.561 grade point average at MHS and a good disciplinary record and that the defendant’s father, being currently unemployed, would be available to supervise him. The school district, he said, has made arrangements for a tutor to be brought to the Haqq's home twice a week if the youth is released.
“(Haqq) won’t be around the alleged victim, he won’t be in school with him,” Kaino said. “… This was something that involved the basketball team – he’s not going to be on that basketball team, not going to be in school, and not going to be around those kids.”
District Attorney Joshua Marquis said that because of the seriousness of the charges, Haqq should remain in custody. He noted that according to testimony at the grand jury hearing, Haqq did play an active role in the sexual assault, and there was more than one incident.
“Basically (the victim) was terrorized and is still trying to recover from this,” Marquis said. “The charges are serious Measure 11 charges, and if we were looking at an alleged perpetrator and the victim was a young girl, I don’t think the same arguments would be made for release.”
Judge Matyas did not agree to release Haqq. However, she dropped his bail from $200,000 to $150,000. Under Oregon law, if an individual is able post 10 percent of his bail, he must be released.
The Haqq family was unable to post bail as of press time.
Haqq’s parents and four siblings attended the hearing. They declined to comment on the case.
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