Mistrial declared in hospital rape case

Mistrial declared in hospital rape case

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Story Published: Jul 2, 2007 at 6:15 PM PDT

Story Updated: Jul 2, 2007 at 8:14 PM PDT

By KOMO Staff

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SEATTLE - A man who was accused of raping a paralyzed patient in her own hospital bed has been set free after a judge declared a mistrial due to a hung jury.

Four jurors said there just isn't enough evidence to convict Lamin Darboe of the crime.

One of the jurors told KOMO 4 News her gut feeling is Lamin Darboe is guilty, but based on the testimony and exhibits, she had to vote not guilty.

Prosecutors insisted Darboe, a nursing assistant at Kindred Hospital, raped his own patient in her hospital bed. A stroke left the 32-year-old woman paralyzed and unable to speak. Darboe was responsible for her daily care, including sponge baths.

While eight jurors said they would have found him guilty, four others could not be convinced - especially after the defense picked apart inconsistencies in the patient's testimony - and then alleged her medication caused hallucinations.

Those four say they felt the inconsistencies and a "lack of evidence" prevented them from reaching a unanimous decision. None of the jurors knew that this wasn't the first time Darboe was accused of a sex-related crime. The judge ruled his history inadmissible.

In 2001, Darboe was charged with rape in Snohomish County. The case was dismissed. In 2003, another rape accusation, but Darboe was acquitted. And in 2002, Swedish Medical fired him for allegedly inappropriately touching a patient.

"I wish I could have had the knowledge of his history," one juror said.

But defense attorney Gene Piculell said, "without question, the jury reached the right decision."

The prosecutor says she may bring Darboe to trial again.

"We respect the jury's decision in this," said Lisa Johnson from the prosecutor's office. "We're disappointed. They did have a lot of good points; we'll go back and think of the things they said and what they would have liked to heard more of."

The jury also didn't know that after Darboe was arrested, he fled the country to his native homeland of Gambia. A year later when he returned, he was arrested.

The prosecutor's office says they'll decide whether to retry Darboe in two weeks.

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