The California Supreme Court refused Wednesday to review the case of one of two men convicted of the December 2016 rape of a German tourist on a Hollywood rooftop.
Otis Barway — who is serving a 9 1/2 year prison term — was convicted of forcible rape for the Dec. 5, 2016, attack, along with a misdemeanor charge of assault on a man less than a week earlier.
Barway and co-defendant Kenneth Mack lured the tourist to an isolated rooftop, knocked her to the ground and raped her in the early morning hours of Dec. 5, 2016, according to Deputy District Attorney Paul Thompson.
The two men were identified through DNA evidence, the prosecutor said after the verdict.
In a ruling in July, a three-justice panel rejected the defense’s contention that Barway and Mack should have been tried separately. The appellate court justices noted that Barway had “not demonstrated that a separate trial would have been significantly less prejudicial to him” and that the physical and DNA evidence “strongly supported the verdict.”
Mack — who was sentenced to 240 years to life in state prison — was convicted of two counts of forcible rape in concert involving the attack on the tourist, along with rape involving a separate attack July 31, 2016. The 29-year-old man was also convicted of two counts of second-degree robbery and one count of assault with a deadly weapon stemming from the crime spree.
Mack’s appeal is still pending.