GUILTY CA - Isidro Medrano Garcia for kidnapping, rape of 15yo girl, Santa Ana, 2004

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zwiebel said:
I think for sure this is what his defence will be. However, she was a 15 year old minor at the time of her disappearance, so the fact is he has broken the law in at least two ways by;
1: having sex with a minor
2: taking her away without parental consent

Even if she had gone willingly, there would still be a case against him.
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Yes, but if she went willingly those would be statutory crimes, and may be subject to statute of limitation rules.

Statute of limitation would not apply if it was a real abduction and coercion, then the clock would start ticking when she was recovered, not when she left.

In CA consent for sexual activity cannot be given under any circumstances under 18. All sex under 18 is legally assault and against the law, no exceptions. Something CA parents need to point out to their teenagers btw.

But this girl (and presumably the mom and boyfriend) came from Mexico where the age of consent is much lower, so they (I'm guessing not the mom) may not have seen anything wrong or unusual about the relationship if it was consensual, other than the domestic discord it would produce.
 
I think there is something fishy about her story......
 
Tugela said:
Based on the various iterations of the story in different news sources, my guess is that there was some sort of love triangle thing going on, not a kidnapping.

Scenario: Mom has a live in boyfriend, teenage daughter arrives from Mexico to live with them, teenage daughter starts having a relationship with the boyfriend in secret, Mom finds out and takes offense, boyfriend beats her up and takes off with the daughter. Then mom reports it as an abduction and the boyfriend/daughter go on the run as a couple. Eventually their relationship sours and daughter seeks to reunite with family while sending boyfriend to the big house for the next 50 years and out of her hair.

All very neat and tidy and plausible based on the accounts that have appeared in the media. There is an alternative explanation for the timeline.

To be frank, it does not sound like an abduction to me. The charges are based largely on what the daughter told LE, and it will be interesting to see what the facts turn out to be.
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Yup....
 
It's sad to me that there are so many people saying they don't believe her story. I can't imagine coming to a new country, being terrified of deportation then going through this. This poor girl never had a chance. Jaycee Dugard and Elizabeth Smart both experienced similar situations, do the skeptics not believe their stories?
 
This is diffferent than domestic violence, but I am thinking there are probably some parallels. One thing with domestic violence is that it can go on for years and friends and neighbors may never see. Though some may suspect. Some perps only hit where it won't show. And it is important to remember that violence may not be continous. But those sporatic spurts of violence can be sufficiently terrifying to keep her fearful of doing anything he doesn't like. If he wanted to appear like a doting father, then she would play the doting wife, and worse she will teach her daughters to play the loving daughter. Because she will do anything to prevent those minutes/hours/days of terror and violence.
 
EmiLove832 said:
It's sad to me that there are so many people saying they don't believe her story. I can't imagine coming to a new country, being terrified of deportation then going through this. This poor girl never had a chance. Jaycee Dugard and Elizabeth Smart are both experienced similar situations, do the skeptics not believe their stories?
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Shawn Hornbeck too. There are reports that Shawn even visited the website his family set up about his disappearance. But he didn't/couldn't bring himself to reach out. Fear is often paralysing.
 
EmiLove832 said:
It's sad to me that there are so many people saying they don't believe her story. I can't imagine coming to a new country, being terrified of deportation then going through this. This poor girl never had a chance. Jaycee Dugard and Elizabeth Smart are both experienced similar situations, do the skeptics not believe their stories?
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After ES was recovered there were a few who spoke to media who said that they saw the group during the time ES was in captivity. I believe she was even taken to a party or get together. Comments were made about her not seeming to be fearful.

From the outside looking in, you can't always tell. Jaycee Duggard ran a business and interacted with people regularly after her daughters were born.
 
Yes, fear is paralyzing! I lived with a guy that turned out to be a controlling abusive psycho so fear is very real to me. I didn't stay long, maybe 3 months after he showed me who he really was but every day I was there made it that much harder to leave. The first six months after I left or escaped, I was always looking over my shoulder even though there was no way for him to find out where I was. Paralyzing fear is very, very real!

I think we should be a little kinder before we pass judgement and remember ourselves at 15 years old. Not to only was she a child, she was an illegal who had only recently come to the US. This sick human being knew exactly how to keep her living in a state of fear.
 
time said:
Has anyone posted this article/news... some are claiming she would go back to visit her mother. Not making any judgments, just posting. Neighbor speaking at about 1:30 on video.

http://www.nbclosangeles.com/news/l...apper-Victim-as-Perfect-Couple-260214621.html
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How would the neighbor know for a fact unless he/she went along on the alledged visits to the mom?

"One neighbor told NBC4 that Garcia would drive his wife back to her mother's home in Santa Ana for visits."
 
Tugela said:
Yes, but if she went willingly those would be statutory crimes, and may be subject to statute of limitation rules.

Statute of limitation would not apply if it was a real abduction and coercion, then the clock would start ticking when she was recovered, not when she left.

In CA consent for sexual activity cannot be given under any circumstances under 18. All sex under 18 is legally assault and against the law, no exceptions. Something CA parents need to point out to their teenagers btw.

But this girl (and presumably the mom and boyfriend) came from Mexico where the age of consent is much lower, so they (I'm guessing not the mom) may not have seen anything wrong or unusual about the relationship if it was consensual, other than the domestic discord it would produce.
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The perp in this case was not a teen at the time. The statute of limitations is 10 years for unlawful intercourse and that means that the DA has 10 years from the date of the last occurrence prior to the date the child turns 18. Which has not run yet.

But none of that matters since the DA has charged him with rape and kidnapping.

I'm assuming they know more about this case than we do.

In addition, many hostages or kidnapping victims do not take the opportunity to escape when presented with such. That does not mean they aren't victims. (See Jaycee Dugard, Shawn Hornbeck, Colleen Stan - who was allowed to visit family even, during her captivity - Elizabeth Smart, Natascha Kampusch, Patty Hearst, etc.).
 
i.b.nora said:
How would the neighbor know for a fact unless he/she went along on the alledged visits to the mom?

"One neighbor told NBC4 that Garcia would drive his wife back to her mother's home in Santa Ana for visits."
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I have no idea if it's a fact or just a fact the neighbor was told that nor by whom. Wonder if the woman was just MIA at these times? I think we all know there are many cases where someone kidnapped does not try to escape... it will be interesting to hear more of the story.
 
FOX 5 DC ‏@fox5newsdc 3m
SANTA ANA, Calif. (AP) -- Alleged California kidnapper's lawyer: Wife fabricated crimes because couple was breaking up
 
Shepard Smith had a interview with a neighbor about an hour ago and she said there were recent pics (a few weeks ago) of her and her mother on her facebook page. I have looked for the video and it is not up on his site yet.

Another article
http://www.kalb.com/story/25590352/...fornia-woman-missing-for-decade-was-kidnapped

"She last spoke to Isidro Garcia on Saturday, she said, and he told her that his wife wasn't around because she was visiting her mother in the hospital."

"Yet while Erika was told that the alleged victim's mother never liked Isidro Garcia, a different story was given to Maribel Garcia, who told CNN that she heard Isidro Garcia had recently bought a truck for his wife's mother."

If the facebook story and the hospital visit is true they should be able to be proven. I believe if they did run off when she was 15 he was in the wrong. 15 yr old girls will do stupid things. I noticed the comment she made "He was a workman. He works hard for me and my daughter and bought everything I want," she told the station, her back to the camera as she held her daughter. "I need the love of my family, not things." I wonder if he lured her away because he could give her nice things and thats what she wanted. I think something is off with this story. Elizabeth Smith and the young ladies in Cleveland were held captive. ES was always with one of her captors and the young ladies were locked and chained in a nasty old house and were obviously abused as we could see when we did see them.
 
News just said his lawyer reports the woman (girl) made up the whole story. I haven't heard the whole story. It is on Fox news in Boston.
 
mac66 said:
News just said his lawyer reports the woman (girl) made up the whole story. I haven't heard the whole story. It is on Fox news in Boston.
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Of course that's what his defense attorney states. Where was the child since age 15? Was he with her?
 
Has anyone found the news story from when she was originally kidnapped?
 
grace60 said:
Shepard Smith had a interview with a neighbor about an hour ago and she said there were recent pics (a few weeks ago) of her and her mother on her facebook page. I have looked for the video and it is not up on his site yet.

Another article
http://www.kalb.com/story/25590352/...fornia-woman-missing-for-decade-was-kidnapped

"She last spoke to Isidro Garcia on Saturday, she said, and he told her that his wife wasn't around because she was visiting her mother in the hospital."

"Yet while Erika was told that the alleged victim's mother never liked Isidro Garcia, a different story was given to Maribel Garcia, who told CNN that she heard Isidro Garcia had recently bought a truck for his wife's mother."

If the facebook story and the hospital visit is true they should be able to be proven. I believe if they did run off when she was 15 he was in the wrong. 15 yr old girls will do stupid things. I noticed the comment she made "He was a workman. He works hard for me and my daughter and bought everything I want," she told the station, her back to the camera as she held her daughter. "I need the love of my family, not things." I wonder if he lured her away because he could give her nice things and thats what she wanted. I think something is off with this story. Elizabeth Smith and the young ladies in Cleveland were held captive. ES was always with one of her captors and the young ladies were locked and chained in a nasty old house and were obviously abused as we could see when we did see them.
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ES was alone with the woman for weeks when the kidnapper was in jail. She also was at parties and libraries, restaurant and questioned by a police officer. She had opportunities to escape.

And what about Patty Hearst? What about Collen Stan?
 
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