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Two convicted
in gang-rape of
17-year-old
Defense attorneys had argued
By Susan Kreifels
that sex between the victim and the
two men was consensual
Star-BulletinTwo men who belonged to a group authorities say is involved in drugs and prostitution were convicted yesterday of "gang-raping" a 17-year-old local woman in a Waikiki hotel room in October 1998.
Marlo Crawley, 28, was found guilty of two counts of second-degree sexual assault, and Habib Shabazz, 22, was found guilty of one count. Each count carries a maximum 10 years in prison.
Deputy Prosecutor Chris Van Marter said both are currently serving time for felonies: Shabazz for first-degree burglary and Crawley for a firearms offense. That means they will face mandatory minimum prison sentences as repeat felons.
Sentencing is set for 8:30 a.m. May 9.
A third defendant, Lloyd Swanson, 20, was found not guilty of two counts of being an accomplice to first-degree sexual assault.
Circuit Judge Sandra Simms did not allow evidence about the defendants' membership in the group Abyss to be presented in trial because she believed it was too prejudicial, Van Marter said.
Defense attorneys had argued that sex between the victim and the two convicted men was consensual.
Van Marter said all three defendants were identified as belonging to Abyss, which has members with criminal records involving promotion of prostitution and narcotics trafficking. The defense said Abyss is a rap music group.
Van Marter told jurors that the woman knew Shabazz and Crawley and got in a car with them at Ala Moana Center. The defense said the victim did not know the men.
Later that afternoon, the young woman ended up in a Coconut Plaza hotel room surrounded by the three defendants and three other friends, all of whom intended to sexually assault her if someone in the next hotel room had not banged on the wall, the prosecution said.
"They passed out condoms and talked about 'running a train,'" Van Marter said. "It was clear to her" that they intended to "gang-rape" her.
Crawley forced the woman to have oral sex and intercourse and then tried to force anal sex, Van Marter said. Shabazz next forced her to have intercourse.
Crawley and Shabazz were charged with first-degree sexual assault, which requires proof of strong compulsion by use of force and carries a prison sentence of up to 20 years, Van Marter said. Second-degree assault only requires proof of compulsion -- sex without consent.
Van Marter said Simms dismissed charges against three other men in the room, saying there was no evidence to convict them. He called that decision "erroneous" and said the government would decide if it will try to re-indict the three or appeal Simms' decision.
Michael Green, representing Crawley, was off island yesterday. David Gierlach, who stood in for Green, said there were sufficient grounds for a defense appeal but did not elaborate. He said he did not know anything about Abyss.
Nelson Goo, who represented Swanson, said his client believed "the truth did not come out," that he was wrongly charged and that the other two defendants were wrongly convicted of sexually assaulting the woman.
"The jury had great difficulty in believing her," Goo said, commenting on the convictions on lesser charges.
Goo confirmed that Swanson belonged to Abyss, which he called a rap music group that recorded out of Hawaii and performed at a fight between Evander Holyfield and Lennox Lewis. Goo said he had no knowledge of alleged illegal activities in the group.
