Taxi driver Tamiano Tino facing charges of stealing and attempted sexual abuse in the first degree had his bench trial underway yesterday with the government calling two witnesses to the stand, including the complaining witness in this case.

The defendant initially wanted a jury trial, however it was postponed as the victim was off island, however upon her return, the defendant opted for a bench trial. Tino — who’s been in jail since 2013 — was accused of stealing $180 from a passenger and also attempting to force a kiss on her while touching her inappropriately.

The court heard from the complaining witness in this case, who said that while she was under the influence of alcohol, she still remembers what occurred on August 3, 2013.

She said that after an outing at a bar, she went to McDonald’s to get something to eat, and after that she called a taxi to take her home to her residence in Leone. She said the taxi driver who came was the defendant.

She further stated that she dozed off and then she felt someone on top of her and when she woke up it was the taxi driver Tamiano. She said when the defendant refused to take her to where she wanted to go, she jumped out of the vehicle, while it was going slow.

Assistant Public Defender Joel Shiver asked the witness if it was true that she did not recall the face of the taxi driver and she replied that she did remember when she was asked by the police, following the incident.

Assistant Attorney General Tiffany Oldfield called onto the stand her second witness, who was the victim’s husband, although he was her boyfriend at the time of the incident.

The witness — who is also a police officer — informed the court that following an outing at the Bowling Alley they had gone to McDonald’s. He said there was a disagreement between him and his girlfriend at the time and she left without his knowledge.

The husband said he went home to sleep and it was not until the next day he received a call from the Police Station regarding the incident. He testified that he had other missed calls on his phone but he did not know whose number it was that had been calling him. He did say that there was a voicemail message from his girlfriend, who was mad at him, telling him that she was walking home.

During cross examination, Shiver asked the husband if he recalled the time he received the call from his girlfriend, and he replied “no, I don’t remember.” Shiver further asked him if he knew whose phone his girlfriend had used, and he replied “no”.

Shiver again asked the husband if he remembered telling the investigators that he knew the defendant’s number who was calling his girlfriend around 4:50a.m. and the husband replied “no, I don’t remember.”

Shiver’s voice increased when pointing out to the defendant that it was his testimony that despite the fact his girlfriend was involved, no one contacted him about what had happened.

“You were not worried at all with your girlfriend — that you didn’t return calls for the missed calls on your phone?” he asked. Associate Justice Lyle L Richmond intervened, pointing out to Shiver that it appeared he was scolding the witness.

Shiver apologized and rephrased his question to the witness, asking him if he loves his girlfriend. The husband giggled and then said, “yes, I do.” 

The hearing continues today with more witnesses from the government, including the main investigator in this case. It’s unclear how many witnesses the defense will call to testify.