PHOENIX, AZ — Maricopa County prosecutors called witnesses at an evidentiary hearing Friday to allow new evidence against accused serial rapist James Estep involving alleged attacks against two more victims where charges have not been filed.
Estep was indicted last August on 30 felony counts, including 20 counts of sexual assault. The Maricopa County Attorney’s Office said attacks on at least six alleged victims happened from 2018 to August of 2023 in Phoenix, Mesa and Tempe.
During the all-day court hearing Friday, the prosecution called police detectives to the stand who shared graphic details about Estep’s alleged attacks against at least six victims, including two new more alleged victims where charges have not been filed.
Prosecutors recently filed what is known as a rule 404 (C) which allows prosecutors to petition a judge to include additional evidence to show a pattern of abnormal or aberrant sexual behavior in sex crimes cases.
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“And not every state does this. But Arizona is progressive in its legal system and the reason why is that these cases are extremely difficult to prosecute,” said defense attorney and former Maricopa County prosecutor Josh Kolsrud in a previous interview with ABC15.
According to the motion and testimony in court, the two additional attacks happened in 2017 and 2020 and involved alleged victims who were renting a room from Estep. No charges have been filed in the cases but they could be used as evidence in the ongoing criminal case against Estep if allowed by a judge.
“If they are permitted to do this, it's going to be devastating to the defense,” said Kolsrud.
Dr. Tina Garby, a psychologist was also called by the state, she provided her opinion to the court and described Estep as having a pattern and propensity to engage in abnormal sexual behavior specifically referring to Estep allegedly choking some of his victims and the increased number of victims in 2023.
Estep’s defense also recently filed its own motion to severe or separate the charges, which could force the prosecution to try each victim’s case separately.
ABC15 has previously reported that Mesa police arrested Estep twice last year, but Maricopa County prosecutors declined to move forward with sexual assault charges, which allowed for his release from custody.
A month after he was released, Tempe police arrested Estep in August of 2023 following an hours-long standoff at his Mesa home. Police say he violently raped a 15-year-old girl after offering her a ride at a light rail station.
Maricopa County Attorney Rachel Mitchell has defended her office’s decision. She said prosecutors didn’t have enough evidence to move forward with charges after Estep’s two previous arrests.
It’s been a year since the criminal case against Estep began, and he is still being held in jail without bond.
Testimony wrapped up late Friday and oral arguments are scheduled on the motions for October 18th. It will be up to the judge to decide if the new evidence is allowed or if any of the charges are severed.
