BRECKENRIDGE — Testimony from the alleged victim, family members and a police officer were made in the felony trial Wednesday of a Breckenridge massage therapist accused of sexual assault.
The 18-year-old woman was unable to provide details such as a description of Wang Kho's genitalia, which she said he revealed after a massage Dec. 4, 2009.
Kho, owner of Sol Impressions massage studio, had his massage-therapy license revoked in a state civil court last month because of the pending case. He is also accused of misdemeanor indecent exposure and unlawful sexual contact.
Wednesday's proceedings began with defense attorney Bruce Brown questioning the woman, followed by testimony from her sister, her mother and Breckenridge police officer Lyn Herford. The trial is to resume today at 9 a.m., possibly continuing to Tuesday.
Testimony confirmed Wednesday the correction of a press release issued by Breckenridge Police Department in December that the massage occurred on a different day.
The 18-year-old woman was unable to provide details such as a description of Wang Kho's genitalia, which she said he revealed after a massage Dec. 4, 2009.
Kho, owner of Sol Impressions massage studio, had his massage-therapy license revoked in a state civil court last month because of the pending case. He is also accused of misdemeanor indecent exposure and unlawful sexual contact.
Wednesday's proceedings began with defense attorney Bruce Brown questioning the woman, followed by testimony from her sister, her mother and Breckenridge police officer Lyn Herford. The trial is to resume today at 9 a.m., possibly continuing to Tuesday.
Testimony confirmed Wednesday the correction of a press release issued by Breckenridge Police Department in December that the massage occurred on a different day.
Discrepancies revealed through testimony
Brown showed conflicts in Wednesday's testimony with previous statements by the alleged victim and her family members. The woman testified that she'd had consensual, sexual intercourse with her boyfriend the Monday (Nov. 30, 2009) before she traveled to Breckenridge.
Brown said the woman this week had told the prosecutor there had been no sex a few days before the incident. Asked about this, the woman said she'd confused the dates.
Questioning the woman's sister, Brown asked her to confirm a statement she made in a May hearing — via telephone — that the alleged victim did not have a boyfriend at the time of the incident.
“To the best of my knowledge, I think she was single, but I don't know,” the sister said Wednesday.
Brown said in Tuesday's opening statements that one of the witnesses, a physician, will testify a small abrasion found on the woman could have occurred from sex up to four days prior to the incident.
Kho, who was reportedly 29 years old at the time of the incident, is accused of inserting two fingers into her vagina, according to the woman's testimony.
The alleged victim said Wednesday she didn't think Kho was circumcised, which differs from a statement to police in December that she couldn't see whether he was circumcised.
A jury member submitted a question of whether there were any distinguishing characteristics of Kho's genitalia.
“Not that I really can remember, but I only saw it for like two seconds,” the woman said.
Kho is accused of approaching the woman after the massage, revealing his penis and trying to initiate sex.
The woman said he had a condom in his left hand. She said she couldn't remember what color it was, but she acknowledged telling the police Dec. 4 that it was orange.
“I saw it in his hand, and then he started to pull down his pants and, I don't know if he opened it or not, but that's when I told him I wanted to stop and wanted to leave,” she said.
The woman also said Kho's pants had a black button. Brown showed the court a pair of black pants with an elastic band and no button.
“Do these look like the pants (Kho) was wearing?” Brown said.
The woman responded, “Yes,” adding that they appeared the same except for lacking a button.
The woman also expanded on Tuesday's testimony in which she said she lives in Cape Cod, Mass., with her mother and siblings. She said Wednesday that her father lives in the home as well.
Mother, sister recall emotional distress
The woman said her sister was the first person she told of the incident with Kho. Prosecutor Anne Francis asked the woman's sister for details of the call, which occurred while the sister was awaiting a shuttle from Denver International Airport to Breckenridge.
“She was in hysterics,” the sister said.
She said the alleged victim “broke down” and kept asking what room and where the family was staying in Breckenridge (the woman and her mother had already been at Crystal Peak Lodge for one night).
The sister said she'd never seen the woman as upset as she was the night of Dec. 5.
Francis asked on a scale of 1-10 — with 10 being the highest — how the sister would describe the woman's level of distress.
“She was a 10,” the sister said.
The mother testified Wednesday of several indications that a woman would be conducting the massage at Sol Impressions on Dec. 4.
Kho's wife, Julie Friedman (who is to testify in the trial), answered the phone to make the appointment earlier that day and said she would give the massage, the mother said.
Brown said in Tuesday's opening statements that Friedman “is not a licensed massage therapist” and no records show a request for a woman to conduct the massage.
The mother told Francis she had always ensured a woman conducted her daughter's previous massages.
“I would never, ever in a million years have a male do a massage on my daughter,” the mother said.
On Dec. 5, after the woman told her sister about the massage, the woman said she returned to the condominium and went to the bathroom. She still had not told her mother of the incident.
The mother said something was clearly wrong with her daughter.
“She came out crying like a little kid,” the mother said. “What really set me off is she said, ‘I don't feel safe,' and I've never ever heard one of my kids say ‘I don't feel safe.'”
The mother said she asked what was wrong and the daughter put her hands up, palms out, just above her shoulders and said, “rape.”
Brown said the mother called 911 and told dispatch that her daughter had been touched inappropriately.
“I said it was inappropriate,” the mother said. “I didn't know this (the gesture) constituted rape.”
After the call, the police came to the condo and conducted interviews. The family members went out to dinner before a nurse was made available for the sex-assault exam.
They later returned from the St. Anthony Summit Medical Center in Frisco to the condo, packed and left for the airport in the early hours of the next morning — cutting the vacation short, according to Wednesday's testimonies.
Tension in the court was evident at times Wednesday. Chief District Judge Terry Ruckriegle sternly told Francis not to make objections too hastily; he told Brown and witnesses to avoid speaking at the same time (for court reporting purposes).
A closed session in the courtroom consumed nearly an hour and a half as Ruckriegle and the attorneys discussed whether certain issues would be admitted in trial.
About 10 friends and family members supporting Kho were present throughout the trial Wednesday.
The proceedings ended with Herford on the stand as she explained how evidence was collected. She said during her testimony that the alleged victim cried and showed signs of “distress,” “anger,” and “embarrassment” during the Dec. 5 interview.
Tuesday's trial proceedings are available at http://bit.ly/dosYjx.
SDN reporter Robert Allen can be contacted at (970) 668-4628 or rallen@summitdaily.com.


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