Adam Michael Kincaid
HANCOCK COUNTY — Following Day 1 testimony in the Adam Michael Kincaid rape trial, judge D.J. Davis informed the jury he did not anticipate the trial wrapping up by the end of the day Thursday, which he had anticipated earlier in the week.
Kincaid, 24, Indianapolis, is the former New Palestine man who has been accused of one count of rape, one count of attempted rape and two counts of sexual battery against two different women stemming from an incident in June of 2018. The alleged incident took place when the three were riding in a vehicle following a night of drinking at a house party, officials said.
Kincaid, a 2017 New Palestine High School graduate, was 19 at the time as were the alleged victims who had been childhood friends of Kincaid.
Davis advised the jury at the end of Tuesday’s testimony they will not gather in Hancock County Superior Court 1 for the trial Friday, Aug. 11 due to other commitments the judge has which he cannot break, meaning the trial has a good chance of being pushed into next week.
Davis noted he hoped by the end of Wednesday testimony, which was past print deadline, to have a better idea of how long into next week the trial might go.
“As I told the jury, I felt it only fair to advise as soon as I knew, since they were originally told we would conclude on Thursday, so I wanted them to know so they could plan ahead the best they could,” Davis said.
The trial has been slowed several times by numerous objections from attorneys on both sides. Some of the objections have caused Davis to empty the courtroom while he and attorneys discussed the issues.
Day 2 testimony marked the continuation of cross-examination by the defense of the first witness, alleged victim 2. During early testimony, she told the jury she is troubled because of the alleged incident from June 2018 and is in therapy. She also talked about why it took so long for the alleged incident in the summer of 2018 to be reported to officials some three years later.
“I didn’t report it because I was scared,” the alleged victim 2 said. “Nothing like this has ever happened to me before and I didn’t know what to do.”
Her testimony finally wrapped around 10:15 a.m. Wednesday morning.
During a quick break, Davis noted there is an outside chance, depending on objections, the case could close late Thursday, but he remained doubtful.
Alleged victim 1 was the next witness to take the stand Wednesday morning and remained on the stand into late Wednesday afternoon around 4 p.m. She fought back tears when questioned about the incident of June 2018, the night officials say she was raped and sexually battered by Kincaid.
When Deputy Prosecutor Claramary Winebrenner, the former Dekalb County prosecutor brought in to handle the case for the state, started asking the alleged victim about the night of the incident, the victim broke down on the stand, causing Davis to clear the courtroom.
It was at that time Davis advised Kincaid to not go anywhere near any of the witnesses during the remainder of the trial. Kincaid is out on bond.
After a break, alleged victim 1 returned to the stand and cried as she told the jury Kincaid sexually assaulted her when she was in the back seat of his car along with victim 2 with Kincaid sitting in between them.
“I remember saying ‘no,’” she said “I remember resisting.”
She went onto say she was scared and confused.
“He was aggressive,” she said.
Victim 1 noted she didn’t go to the police at that time because she wanted to forget about the incident and wanted to go home.
“I just wanted to move on,” she said.
The police were officially made aware of the incident in 2021.
When finished with this trial, Kincaid will face another rape charge in Indianapolis from a completely separate alleged incident from March of 2021, which is scheduled to go to trial in mid-September in Marion Superior Court 31. In that case, according to court records, Kincaid is facing a Level 3 felony rape charge and a Level 5 felony criminal confinement with bodily injury charge.
Day 2 testimony was not complete by press time. The Daily Reporter will have more on the trial in the Friday edition.
