GUILTY CA - Avelino Rodriguez for sexual assault of 8yo girl, San Jose, Nov 2010

Missizzy

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What a nasty, tangled web...which ensnared a poor little child:

http://www.mercurynews.com/bay-area-news/ci_18766846?source=rss

Child molester balks at long sentence, tries to withdraw no-contest plea
August 27, 2011

"A man who became the target of alleged vigilantism after admitting he molested his friend's 8-year-old stepdaughter on Thanksgiving balked Friday at taking a plea deal that would have sent him to prison for 22 years...."

and

"...[Avelino] Rodriguez surprised the court Friday by announcing he wants to withdraw his no-contest plea to the child molestation charge and start all over again with a new lawyer despite his letter of apology to the girl...."

and

"...Meanwhile, the girl's stepfather, Miguel Cerda, and uncle Erik Cerda have been charged with torture for allegedly whipping Rodriguez and burning him with a cigarette in retaliation for duct-taping the girl's mouth shut and molesting her in the middle of the night. They now face seven years to life -- potentially more time than Rodriguez was set to serve...."

and

"...The stiff penalty for the alleged violent reaction to what many would consider extreme provocation has touched off a debate about whether the brothers deserve leniency...."

more at link


I asked about this very issue yesterday. A CA social worker, Gregory Winsell, pleaded no contest with the agreement that he'd get probation, rather than prison time. I wondered if a judge could change his mind at the last second as the child *advertiser censored* charges were really quite serious and he was in a position of authority over children. I guess judges can.
 
I don't know the whole story, or the men's criminal records if any, but I don't think they should have to serve any time at all! A two year sentence will probably get cut down to almost nothing, anyway.

"Investigators say the November 2010 beating happened after the girl told her mother Rodriguez had put duct tape over her mouth and sexually abused her."

http://www.ktvu.com/news/news/san-jose-men-sentenced-beating-child-molester/nGyWT/
 
January 2012:

Was the severe beating of a child molester by two San Jose brothers a calculated attempt at revenge, as a prosecutor argued Friday?...

Judge Jacqueline M. Arroyo sided with the brothers. She sentenced the girl's stepfather, Miguel Cerda, to three years in state prison, and his brother Erik to two years -- far less than the possible life sentence prosecutors initially sought....


Arroyo's decision draws to a close a high-profile case of vigilantism that sparked debate because the seven-years-to-life sentence prosecutors originally filed could have put the brothers behind bars for longer than the convicted molester, Avelino Rodriguez.

The men attacked Rodriguez on Thanksgiving weekend after learning he duct-taped the girl's mouth in the middle of the night and sexually abused her. Rodriguez is serving a 22-year sentence in state prison...

"They didn't have no compassion with me," Rodriguez told the judge through a Spanish interpreter. "I just want them to pay for all the things they done to hurt me."

http://www.contracostatimes.com/ci_19785067
 

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