Man set for five day trial in Superior case; motions in Nov.
A man accused of sexually assaulting a woman in Superior last year is set for trial.
Nehemiah Pat Kayanga Bazalaki, 31, pleaded not guilty in Boulder District Court on Tuesday to sexual assault — physically helpless victim.
Bazalaki is now set for a fiveday trial starting Dec. 19, with a motions hearing on Nov. 22.
Bazalaki appeared for the Tuesday hearing in person and will remain out of custody on $3,000 bond.
According to an arrest affidavit, Boulder County Sheriff’s Office deputies were called to a hospital in Littleton on Dec. 12 after a woman came in and said she had been sexually assaulted the night before.
The woman underwent a sex assault examination and then spoke to investigators.
According to the affidavit, the woman said she and some friends, including Bazalaki, went out partying in Denver before returning to an apartment in Superior. The woman said that Bazalaki was “perving” on her the entire night and that his advances made her uncomfortable.
While other members of the group continued to party at the apartment, the woman told police that she was feeling tired and went to sleep on a chaise lounge.
The woman said she later woke up to Bazalaki digitally penetrating her under her skirt and attempting to remove her underwear. The woman said she yelled at Bazalaki, which caused other people to wake up and enter the living room. One person helped her clean up, while another got Bazalaki to leave before the woman was taken to the hospital.
Bazalaki in an interview with police on Jan. 6 said the woman had been hitting on him the entire night even though he turned her down. He then said the woman had never gone to sleep and had initiated the sexual encounter while he was seated next to her.
But investigators noted other witnesses in the house remember the woman being asleep on the lounge, with one friend saying she went to check on the woman’s breathing because she was sleeping so heavily.
Another witness said he saw Bazalaki standing over the woman when they came out into the living room, contrary to Bazalaki’s statements that he had been seated on the lounge with the woman.
According to the affidavit, a witness also said she heard the woman tell Bazalaki to “get the (expletive) away from me.”