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Siddiqui pleads not guilty to amended charge

Former Astoria Hotel clerk Mohammed Omer Siddiqui, 24, pleaded not guilty Wednesday to an amended charge that he had sex with a 14-year-old runaway girl last Halloween. He had previously pleaded not guilty to a charge that he physically forced the girl to have sex.

In June, the trial judge ruled that the state could amend the charge against Siddiqui to include a couple of “ors.” The amended charge is still a Class AA felony carrying a maximum sentence of life in prison without parole, but there would be different minimum sentences required based on whether the jury found that force was used or convicted Siddiqui based on the girl’s age. A 20 year minimum mandatory sentence would be required if the jury found Siddiqui physically forced the girl to have sex. There would be a five year minimum mandatory sentence if there is a conviction based on the girl being under age 15, Ward County Assistant State’s Attorney Marie Miller told Judge Stacy Louser at the hearing.

Siddiqui’s attorney, Ashley Gulke, vehemently objected to the state’s amendment of the charge.

“This eleventh hour charge offends the basic standards of decency and fair play,” said Gulke, who said the amended charge is “duplicitous” and violates a section of the North Dakota Rules of Criminal Procedure. She said the amended charge should be dismissed.

Gulke said the state apparently moved to amend the charge to add the age element because they feared they could not prove forcible rape.

Under questioning by the defense at the hearing, Minot Police Detective Krista Cousins acknowledged that the runaway girl said she told Siddiqui that she was 17. Cousins only saw the girl on a fuzzy video from the Children’s Advocacy Center and said she could not judge how old the girl looked. In a written motion filed with the court, Gulke said the runaway girl looked older than 14.

Miller told the judge that under state law it is not a defense if Siddiqui believed the girl to be older. If an adult older than age 22 has sexual contact with a child aged 14 or younger , it is automatically charged as Class AA gross sexual imposition, regardless of whether the adult believed the girl to be older than 15.

Miller did say that the girl’s lie about her age might be a mitigating factor for Siddiqui at another phase in the case.

Louser said judges have discretion to amend a complaint. She found probable cause and allowed the case to move forward.

Siddiqui is set to go to trial Sept. 12, but that date might be delayed depending on other factors. Another hearing on a motion filed by Gulke is set for Aug. 16. Gulke said Siddiqui is tired of being in jail and anticipates being acquitted. He has been in custody for eight months even though he is presumed innocent. Gulke also asked to set a hearing on whether Siddiqui’s bond should be lowered.

According to court documents, the girl went to the Astoria Hotel early on the morning of Oct. 31, 2016. She had run away from the Dakota Boys and Girls Ranch and was looking for a place where she could use the internet to find a ride and a place to stay with friends. Siddiqui, who goes by the nickname “Zac,” offered to let her stay in a vacant room, but told her he would kick her out if she did not have sex with him. She refused to have sex and thought he had given up. He later offered to bring her food and ordered something from Denny’s. She went back up to the room and Siddiqui again entered the hotel room and threatened to make her leave if she wouldn’t have sex. He then allegedly sexually assaulted the 14-year-old. The girl told a detective that Siddiqui physically forced her to perform a sexual act. She was afraid he would hurt her more if she didn’t comply and she wondered if he might be a sex trafficker.

A detective testified at the preliminary hearing that Siddiqui later gave the girl money for laundry and arranged for her to get a ride somewhere from Astoria Hotel staff. The girl was driven to the Holiday Inn Express, where she was found lying on a floor. She was turned over to the custody of the Dakota Boys and Girls Ranch. She disclosed the assault and was taken to Trinity Hospital for an examination. The detective said the girl later underwent a forensic interview. Detectives reviewed hotel security footage and what they saw corroborated the teenager’s account.

The girl ran away again from Social Services in another part of the state in May.

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