Sex assault charges upheld
against local actor

By Debra Barayuga
Star-Bulletin

A Circuit Court judge has denied dismissal of felony sex assault charges against prominent local theater actor and director Gary Anderson.

Judge Michael Town yesterday ruled that DNA evidence the defense claims exonerates Anderson is a trial issue and that there is sufficient evidence to take the case to trial.

Anderson is expected to go to trial July 7 on 11 counts of first-degree sexual assault, two counts of third-degree sexual assault and one count of second-degree robbery. Anderson is accused of subduing two Waikiki prostitutes with a stun gun, raping and robbing them.

First-degree sexual assault carries a 20-year prison term.

Yesterday, deputy public defender Todd Eddins sought to have the indictment dismissed or allow prosecutors to return to the grand jury with the DNA evidence to see if they would indict Anderson.

Seminal fluid recovered from Collette Jackson and Natasha Markovina showed that Anderson wasn't the assailant or the fluid excluded him from being the assailant, Eddins said.

"Unequivocally in this case, DNA means: 'Did not attack,' " he said.

Deputy Prosecutor Paul Wong argued that there is no expert that can say, based on the DNA evidence, that Anderson is not the assailant.

A tissue that Jackson allegedly spat into was recovered from a "trick pad" but it is unknown whether fluid found on the tissue was from her assailant or the customers of other prostitutes. "Possibly other prostitutes used that room and the fluid was from their johns," Wong said.

Eddins said DNA evidence recovered from Markovina contains her DNA but doesn't match Anderson's. Wong said lack of the assailant's DNA could mean he didn't leave enough fluid to test or may have had a vasectomy.

Other physical evidence -- including a stun gun and sexual lubricant found on Anderson when he was arrested in Waikiki in January 1998, links him to the crimes, Wong said.

Jackson and Markovina have identified Anderson as their assailant and the stun gun allegedly used on them. Markovina had indicated that her assailant brought his own lubrication.

Eddins has maintained that Anderson carried the stun gun for protection.

The trial is expected to begin next week.