Colts Neck youth tennis coach vows to appeal outcome of child sex case mid-trial

FREEHOLD - The Colts Neck youth tennis instructor accused of kidnapping, sexually assaulting and taking pornographic photos of an underaged student will likely reveal Wednesday whether he will testify in his defense, after the prosecution rested its case against him Tuesday.

But before Terry Kuo's attorneys even had an opportunity to present a defense on his behalf, the defendant informed Superior Court Judge Jill  Grace O'Malley that he intends to file an appeal, and he repeatedly asked the judge about deadlines for filing the appeal and where to send the paperwork.

Kuo had one caveat, though; if he is found not guilty, he will not appeal, he told the judge.

"I'm notifying you, the court, that I intend to appeal this case,'' Kuo told O'Malley.

Previously: Colts Neck tennis coach rewarded girl with gifts for touching her, alleged victim says

O'Malley informed the defendant of the deadlines, but said he cannot file an appeal until after sentencing, if he is found guilty.

"There has been no verdict in this case yet,'' she told him.

Kuo, 32, has been on trial since last week, accused of having a sexual relationship with one of his students between August 2016 and November 2017, when the girl was 12 and 13 and too young to legally consent. He also is accused of taking pornographic photos of her.

Kuo is charged with kidnapping, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, causing or permitting a child to engage in pornography, manufacturing child pornography, possessing child pornography, obscenity, endangering the welfare of a child and conspiracy to tamper with evidence.

Throughout his trial, Kuo has interrupted proceedings more than once, raising his hand to speak to the judge and insisting he use the rest room in the middle of testimony. At one point last week, Kuo put some papers on the defense table and laid his head down on them sideways while a witness was testifying.

O'Malley ejected Kuo from the proceedings that same day, after he argued with her about her order that he allow a detective to photograph his hands. Prosecutors sought the order, saying photographs of the defendant's hands were necessary to show the jury it was his hand that also was pictured in some of the pornographic photographs of the child.

Kuo was scheduled to stand trial earlier this year before a different judge, but he forced a mistrial when he urinated in the courtroom in front of prospective jurors during jury selection.

With the trial underway before a new panel, prosecutors wrapped up their case against Kuo Tuesday with the testimony of Lt. Richard Bruccoliere of the Monmouth County Prosecutor's High Tech Bureau.

Bruccoliere testified about a number of electronic devices he found in Kuo's home when authorities searched it on Nov. 13, 2017, two days after Kuo was arrested in the case.

'Putting on a show': Judge kicks out Colts Neck tennis coach at his sex assault trial

Other law enforcement officers previously testified about pornographic photos of the girl, as well as text messages between Kuo and the child, discovered during examinations of the devices that were seized.

During cross-examination, Bruccoliere testified that authorities never found the iPhone 7 on which the pornographic photographs were taken.

At the conclusion of Bruccoliere's testimony, the state had barely rested its case, and the jury had not yet exited the jury room after being excused for the day, when Kuo began repeatedly questioning the judge about the appeals process.

"If I have no more money to retain an attorney, on my end at least, then one will be provided for my appeal, correct? Because I'm not working, like at the jail, for money,'' Kuo said.

O'Malley advised the defendant to stop interrupting the proceedings, as one of his attorneys was about to make a motion to dismiss the indictment against Kuo — a routine move in most trials involving serious charges.

After defense attorney Alan Zegas made the motion, and an assistant prosecutor was arguing against it, Kuo interrupted again.

"What is this for, your honor, what is this for?'' the defendant asked.

"Your honor, can we motion to dismiss certain counts, based off of the alleged victim's testimony?'' Kuo asked.

"Your attorney just made that motion,'' the judge responded. "... But you're too busy talking.''

The judge denied the motion, saying the victim's testimony provided evidence to support all the elements of each of the charges.

More: 'How to practice child love' manual found on Colts Neck youth tennis coach's computer: cop

After the conclusion of the motion, Kuo demanded the judge provide him with two copies of the appeals rights form, "one for my retention,'' he saiid.

Upon receiving the forms, Kuo complained they did not contain the address to which to send an appeal.

When O'Malley provided the address on a piece of notepaper she handed to her sheriff's officer to hand to Kuo, the defendant said, "Can I just confirm it verbally so we're all on the same page?''

Then he attempted to read the address on the notepaper:

"Supreme Court Clerk's Office, Richard J. Hughes Justice, that's a judge, right?' he said.

The address is actually for the Richard J. Hughes Justice Complex, where the statewide court system is headquartered.

"Does it say complex?'' he asked.

"And then, Post Office Box 970, and then Trenton,'' Kuo said, still reading from the notepaper. "Is that New Jersey? That's the capitol of New Jersey!''

Kuo then went on to recite the zip code.

O'Malley granted Kuo the rest of the day to confer with his attorney about his defense prior to the trial resuming Wednesday.

Kathleen Hopkins, a reporter in New Jersey since 1985, covers crime, court cases, legal issues and just about every major murder trial to hit Monmouth and Ocean counties. Contact her at khopkins@app.com

This article originally appeared on Asbury Park Press: With child sex trial still ongoing, Colts Neck tennis pro vows appeal