Ex-friend testifies Colts Neck youth tennis coach sent girl's bare-butt photo to him

FREEHOLD - The Colts Neck youth tennis instructor on trial on charges of sexually assaulting an underage student texted a photo believed to be the girl's bare buttocks to a former friend and also mentioned to him that he touched her rear end, the ex-friend testified Friday.

After Terry Kuo testified Thursday and Friday that he never touched the girl inappropriately and had no knowledge of the pornographic photos of the child that were found on his electronic devices, the state called Michael Marrella to testify as a rebuttal witness.

Marrella, 32, of Brooklyn, told the jury he was friends with Kuo from around 2014 to 2017 and did some marketing work for Kuo's company, ATS Tennis, during that time frame.

Kristen Anastos, an assistant Monmouth County prosecutor, asked Marrella if Kuo ever expressed to him an interest in the underage girl.

"Yes, he did,'' Marrella responded. "I can't recall when it started.''

Anastos asked the witness what Kuo told him about the girl.

"He just spoke about her a lot, pretty regularly'', Marrella said.

The assistant prosecutor asked him how old the girl was.

"I think 12 to 13,'' Marrella responded.

Kuo, now 32, posted photos on Facebook of him going out to eat with the girl and giving her gifts, such as UGG boots, chocolates and a laptop computer, Marrella said.

"He made it pretty public,'' Marrella said.

Anastos asked the witness if Kuo ever talked to him about touching the girl.

"Yes, I think he mentioned touching her butt,'' Marrella responded.

In April 2016, Kuo texted Marrella a photo of him having sex with a woman and then texted him a photo of his accuser, with a message that read, "I just pretend it's her,'' Marrella said.

Anastos asked the witness what he thought Kuo meant by that.

"I assume he just means that the woman was (the girl),'' Marrella said.

"That he pretended that the woman he was having sex with was (the girl)?'' Anastos asked.

"Correct,'' he responded.

Anastos displayed another photograph - this one of bare buttocks - contained in a series of text messages Kuo sent to Marrella in July 2016.

"What does that appear to be of?'' Anastos asked.

"Presumably, (the girl's) butt,'' the witness answered.

Directly after sending that picture, Kuo sent another one of the accuser, wearing the same clothing as the girl pictured in the previous photo, Marrella testified.

"And, Mr. Kuo sent you those two photos?'' Anastos asked.

"Yes,'' Marrella responded.

Prosecutors allege Kuo sexually assaulted the girl and took pornographic photos of her in 2016 and 2017, when she was 12 and 13.

Kuo is on trial before Superior Court Judge Jill Grace O'Malley, charged with kidnapping, aggravated sexual assault, sexual assault, aggravated 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 conspiring to tamper with evidence.

Kuo stood trial on the same charges over the summer, but O'Malley declared a mistrial after that jury deliberated for more than a week without reaching a unanimous verdict.

Marrella testified under an agreement with prosecutors stemming from his plea of guilty in 2020 to theft by deception.

He had originally been charged in 2019 with theft by deception, as well as fraudulent use of a credit card, conspiracy to commit theft by deception and attempted theft by deception, for which he could have faced 10 years in prison, he testified Friday.

In that case, Marrella was arrested with Kuo and 14 others in what authorities described as a widespread identity theft ring headed by Kuo. Kuo is awaiting trial in that case.

Marrella in 2020 gave a statement to detectives relative to the charges he is now on trial for, and he struck a plea deal in which prosecutors will recommend he receive a term of 364 days in the Monmouth County Jail and probation.

Prior to Marrella being called to the witness stand, Ryan Lavender, assistant Monmouth County prosecutor, cross-examined Kuo about the testimony he offered in his defense on the witness stand on Thursday, including claims of an alibi he never offered while testifying at the prior trial over the summer.

During the cross-examination, Lavender methodically scrutinized the alibi claim as well as Kuo's contention that his accuser was lying about the night in October 2017 she said he molested her and took pornographic photographs of her at the Marlboro Swim Club.

Kuo contended that a photograph he texted to the girl that night at 11:05 proved he was in Brooklyn, although the photo was that of someone holding cash in a car, with nothing to indicate a location.

Kuo testified that under each of two different scenarios offered by his accuser, it was impossible for him to have taken the time-stamped pornographic photographs.

Kuo said his accuser testified that he either picked her up at 8 or 9 p.m. that night and the two went out to dinner for about an hour before he took her to the swim club and made her pose for the photos.

Whether he picked her up at 8 or 9 p.m., it would have been impossible for him to have taken pornographic photos time-stamped around 8:30 p.m. if they spent an hour at dinner, like she said, Kuo testified Thursday.

Lavender, however, produced a series of text messages that night between Kuo and the girl that show a different timeline.

"Can you come at 7:15,'' the girl texted him, and "you said, 'yea,' Lavender said.

Kuo again texted her at 7:03 p.m. and said, "I'm coming,'' Lavender said.

At 7:10 p.m., when the girl asked him how far away he was, Kuo responded, "five minutes out,'' the assistant prosecutor said.

At 7:13 p.m., the girl texted, "Should I come out?'' and five minutes later she said, "Where are you?'' Lavender said.

There were no more text message exchanges from 7:20 p.m. until 11:05 p.m., when Kuo sent the photo of the cash in the car at 11:05 p.m., Lavender said.

"That's because I'm out of state,'' Kuo insisted. "That photo was sent at 11:05. That photo was taken at 11:05.''

Kuo insisted he was in Brooklyn at the time.

Lavender then showed time-stamped photos of the girl taken from 7:23 p.m. that night, which pictured her at a restaurant, through 9:11 p.m., when she was photographed nude in what authorities have said was the back seat of Kuo's Mercedes Benz. The last photograph was taken at 9:18 p.m. that night, Lavender noted.

Kuo again denied taking the photos.

"If you left the Marlboro Swim Club at 9:18, you could still make it to Brooklyn by 11:05 p.m.,'' Lavender said.

"I wasn't driving that night,'' Kuo responded. "These photos were not on my phone. I was not with her.''

Attorneys are expected to sum up their cases to the jury on Tuesday.

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: Ex-friend rebuts Colts Neck tennis coach's claim he didn't molest girl