Adam Michael Kincaid
HANCOCK COUNTY — Seated at the defense table inside Hancock County Superior Court 1, Adam Michael Kincaid was clean-shaven and dressed in a dark suit.
Kincaid, 24, Indianapolis, is the former New Palestine man who has been accused of one count of rape, one count of attempted rape and two counts of sexual battery against two different women stemming from an incident in June of 2018.
While the jury was selected late Monday afternoon and opening arguments were supposed to start first thing Tuesday morning, officials from the prosecutor’s office and lawyers for Kincaid spent the early part of the morning going over evidence with Judge D.J. Davis. Once the evidence issues were settled, Davis brought the jury in and read a lengthy list of 15 instructions.
Opening statements began around 10:30 a.m. The Hancock County Prosecutor’s Office was represented by Deputy Prosecutor Claramary Winebrenner, who is handling state’s case.
During her 20 minute opening statement, Winebrenner told the jury that while both the victims, who were 19 at the time of the alleged incident, had a sexual relationship history with Kincaid, who they’d known since childhood, neither victim gave consent for the incident which led to the charges brought against him from that night.
Kincaid, who was also 19 at the time of the alleged incident, and the two young women, officials said in a probable cause affidavit, went for a ride to a fast food establishment in New Palestine when Kincaid assaulted them both.
Winebrenner told the jury that while Kincaid suggested having a threesome with the two young women earlier that night after he’d had sex with one of them, he was told “no” by victim 2. He was also told “no” by victim 1, Winebrenner said, when he tried to have a sexual encounter with both victims in the back seat of his car later that same evening.
According to a probable cause affidavit and officials who investigated the case, Kincaid raped, attempted rape and sexually abused victim 1 while also sexually abusing victim 2 following a night of drinking at a local party.
Kincaid has maintained his innocence in the case, despite officials saying he is guilty of the crimes with the most serious charge carrying up to 16 years in prison.
One of Kincaid’s attorneys, Christopher Taylor, told the jury when it was his turn to present their side of the case during opening arguments, that “this is a case of what happens when the ‘me too’ movement goes too far.”
Taylor pointed out how Kincaid and the two victims had a sexual history and that all graduated from New Palestine High School in 2017. He noted they had all gathered for what he called a “house party” the summer after their first year in college when the alleged incident took place.
“They were friends with benefits,” Taylor said, and noted there was never any romantic relationship between Kincaid or either of the victims.
Following opening statements, the state called their first witness, victim 2, before breaking for lunch.
The state noted they planned to call several witnesses, including victim 1. While it’s not known if Kincaid will testify on his behalf, his attorney said the driver of the car would be testifying via video on Kincaid’s behalf.
One thing was clear, both attorneys for the state and defense noted, the victims and Kincaid had been drinking the night of the alleged incident.
“There is a lot of messy stuff here,” Taylor said.
The trial is expected to take a couple of days. When finished, Kincaid ill face another rape charge in Indianapolis from a completely separate alleged incident from March of 2021, which is scheduled to go to trial in mid-September in Marion Superior Court 31. In that case, according to court records, Kincaid is facing a Level 3 felony rape charge and a Level 5 felony criminal confinement with bodily injury charge.
