We were surprised yesterday when Timothy West, the man who was accused of breaking into the Ozone Park home of an Applebee's waitress, raping her twice at knife-point, and then later texting her for a date, was acquitted of all charges. This was despite the fact that the waitress had convinced West to call her, and got him to apologize for the crime on the phone, which was recorded by police and later played for jurors. It turns out that the jury flat out didn't believe the waitress's story.

Defense attorney Mihea Kim argued that West and the waitress had consensual sex in her home, while the waitress maintained that she had never met West before, and he had climbed through a kitchen window. One juror told the Post that the jury "didn't believe her story because there were no signs of forced entry." The waitress previously testified that she didn't scream during the attack, because she feared for her life, as well as those of her brother and mother who were in the house at the time. As the ordeal was ending, West asked her if "maybe we could still be friends," and she gave him her number hoping it would lead to his arrest. Her brother called 911 right after West left, and the waitress could be heard weeping in the background.

According to the Daily News, another juror said the panel believed the victim must have known West, and that she let him into her home, despite the fact that during their taped conversation, West apologized for raping her, and didn't argue when the waitress said "You just broke into my house, yo. I've never seen you before...You try to rob me, then you rape me. Why you did that to me?" The waitress's mother was incredulous: "This guy raped my daughter and now he's going out? I don't understand."

In addition, West has a history of break-ins, and was on parole for robbery when arrested, but the jury did not hear that evidence: the Judge ruled it could prejudice the jury against him. However, West wasn't let off the hook after his acquittal in this case—he was immediately sent back to prison, and is now serving out a seven-year prison term for an attempted burglary in another case.