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Lobato was charged with the crime more than ten days later, after one of Lobato's friends informed police of her account of the sexual assault that supposedly occurred two months before.
Prior to being accused of this crime, she confessed to another incident where she stabbed a man in the penis. However, when the police heard about this, they suspected her in the death of the homeless man.
In this previous incident, she claims that a man was going to rape her, and so she stabbed him in the penis. In May 2001, Kirstin Lobato, then 18, described an attempted sexual assault that supposedly took place at a Budget Suites hotel.
Lobato stated that during the attempted assault, she pulled out a knife and mutilated her attacker's penis.
She went on to tell several friends about the alleged attack in the following months.
During a police interrogation, Lobato acknowledged stabbing a man in the groin, and police believed this constituted a confession to Bailey's murder, while Lobato claimed to be describing her attack.