DA drops rape case against Bayside man

Kenneth King is trying to clear his name after he said the Queens district attorney dropped charges in relation to an attempted rape that occurred in Whitestone last year. Photo by Joe Anuta
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Charges of attempted rape were quietly dropped against a Bayside man after he said DNA evidence proved he was not the man responsible for the crime.

“I’m not that guy. I’m not that monster,” said 41-year-old Kenneth King, who was incarcerated for nine months between his September arrest and May release.

The Queens district attorney’s office officially dropped his case July 10 after DNA found on a sweater of the victim did not match his, according to King and his lawyer.

The DA declined to comment for this story, but King said his lawyer had long requested a DNA test but did not get his wish until a judge forced the issue at a court date six months into his incarceration.

King is currently working to put his life back together after the ordeal, which he said is not easy.

“I’ve never had anxiety, never had insomnia before,” he said. “Now it’s there constantly.”

King formerly was a traveling chef who would work at summer destinations all along the East Coast, but moved back to Bayside and worked as a plumber in order to be able to take care of his 90-year-old grandmother.

She did not take King’s incarceration lightly.

On the morning of Sept. 28, a 33-year-old Asian woman was walking along the north service road of the Cross Island Parkway near 148th Street.

According to eyewitness Brian Teichman, a former U.S. Marine who did tours in Iraq and Afghanistan, a man approached and shoved the woman in the foliage and leapt in after her.

Teichman rushed over to the edge of the road and started shouting, which scared the perpetrator off.

King said he was with his grandmother at Flushing Hospital that morning. She had hurt her leg in a fall and he had stayed up all night to care for her.

Instead of reporting to his job as he normally would have and having a documented alibi, he called his boss to request the morning off, he said.

It was a decision that racked his grandmother with guilt, he said.

“She felt that if she hadn’t fallen down, then I would have been at work,” King said.

King’s lawyer, Scott DuFault, said the case was built on weak identification to begin with.

Following the attack, a police sketch was plastered around the neighborhood, and eventually King was asked to come into the precinct.

The Marine who witnessed the attack was asked to pick King out of a lineup, but struggled between two men before fingering King, according to DuFault.

“It was really a tentative identifica­tion,” DuFault said.

Once a test was done and King’s DNA was found not to match DNA found on the woman’s sweater after the attacker grabbed her, King was released from Rikers Island and then his case was ultimately dropped.

But he wishes the DA had made a public admission about the case.

“If you make a mistake, you man up about it,” he said. “My life will never be the same.”

The judge in the case and the Queens County Clerk’s office said they could not comment on the case.

Reach reporter Joe Anuta by e-mail at or by phone at 718-260-4566.

Posted 1:56 am, August 2, 2012
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Reader feedback

Whitestone Resident says:
So the incident happened in Whitestone, the residents were never informed that the actual rapist was still on the loose, and it is now published in the Bayside section of this paper and not the Whitestone section.

What the hell is going on?
Aug. 2, 2012, 10:05 pm
Carmen from Whitestone says:
This is why the 109 pct statistics should be broken down by zip code. We can then get a real understanding of the crime rate in our neighborhood. The statistics are all lumped in together. That statistic is only showing what has actually been reported, as you know crime happens and is never reported.

They keep saying Whitestone is safe, it is not. We have an attempted murder with arson case that remains unsolved, now this rapist is out on the loose and the various home invasions that have gone unreported in the press. And this is just what I know by word of mouth.
Aug. 3, 2012, 9:29 am
Whitestone Resident says:
For more information on this and other Whitestone related subjects, visit
Aug. 5, 2012, 1:23 pm
Dan from Bayside says:
I know Ken personal for almost my whole life and never thought he actually did this. His name has been dragged through the mud in the town that he spent his whole life in. The police department should have to pay him a whole lot of money after what they did to him.
Aug. 24, 2012, 1:08 pm
Daniel Tamayo from Whitestone says:
First step: file a notice of claim for wrongful arrest without probable cause

And then sue the hell out d the city for no less than 3 million dollars.

Just sayin.
Aug. 26, 2012, 5:44 am

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