Rape suspect Agrees to PLEA Deal (Illegal Alien & 8 yr old girl)

Express-Times ^ | 5/5/06 | Bevin Milavsky

[Dr. Scarpetta]

EASTON, PA | A 33-year-old Easton man, (illegal alien) accused of raping an 8-year-old girl last April, waived all charges to court Thursday with the understanding he will plead guilty to two offenses and have the MORE SERIOUS CHARGES WITHDRAWN.

Francisco Rodriguez of the 100 block of North Second Street is charged with rape, statutory sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, indecent assault and endangering the welfare of children.

Rodriguez, clad in an orange jumpsuit and flanked by his attorney, David Vaida, and a translator Thursday, agreed to waive his preliminary hearing. Assistant District Attorney Pat Broscius said he will plead guilty to aggravated indecent assault and statutory sexual assault. All other charges will be withdrawn, Broscius said.

Police said Rodriguez, an ILLEGAL IMMIGRANT, was alone with the girl on April 4, 2005. The girl's mother told police she found Rodriguez in a bedroom wearing only his underwear. The girl's clothing was on the bedroom floor, according to court documents.

Rodriguez allegedly refused to allow the mother into the closet area where the child's bedroom was located. The girl told her mother Rodriguez had touched her genitals and had sex with her, according to court papers.

Police said Rodriguez fled to Newark and was returned to the county for a bench warrant hearing in mid-February.

Reporter Bevin Milavsky can be reached at 610-258-7171 or by e-mail at bmilavsky@express-times.com.

[stephenjohnbanker]

"An illegal alien who raped a baby gets to plea and a deal.

When do American children get the "deal" to be protected from illegals?"

If you or I did this, we would do a min. 10 years!!

[nicmarlo]

This is not justice. This is an outrage.

[petkus]

Is this illegal alien eligible for amnesty?

Were is the outrage with the illegal alien community leaders (Cardinal Mahony)? Oh I forgot, these illegal aliens are just doing the job Americans won't do!

[stephenjohnbanker]

Seems about all we get from our government these days is one outrageous thing after another. Beam me up Scotty!

[stephenjohnbanker]

And our jails(L.A. County being the worst) are chock full of these scumballs!

[nicmarlo]

I'm ready! : )

[stephenjohnbanker]

Morning, Janet. Great tagline!

[Howlin]

BTTT.

[petkus]

Another Rape Event by a guy with a conterfeit Mexican Drivers license!

---

He is using the Patrick Kennedy Defense (Didn't Remember because of the booze)

According to the report, Rosales told officers he had assaulted the woman but he had been drinking beer and did not remember the entire incident

---

Englewood vehicle accident leads to suspect in rape
BY RENEE LEPERE


CORRESPONDENT


ENGLEWOOD -- An Englewood man who fled the scene of a crash Thursday is believed to be the same man who raped a homeless woman a day earlier, according to a Charlotte County sheriff's report.

Humberto Franco Rosales, 33, was being held without bail Friday on charges of sexual battery, hit and run and driving without a license.

According to the report, a 46-year-old woman told deputies she was attacked Wednesday at her campsite in a wooded area near the Cape Haze Post Office.

She described the attacker and his pickup after officers investigated her campsite and told her to leave because she was on private property, the report said. That investigation was unrelated to the accident or the alleged attack.


http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20060506/NEWS/605060441

[mouser]

My question.

Why did the prosecutor go for a plea deal not a trial?

Could the evidence be so bad or lacking there is not enough to have a trial?

Are they incompetent?

Are they lazy?

These are the things i want to know.

[Dr. Scarpetta]

Someone please call Bill O'Reilly. Hey how about someone informing the MSM.

Just e-mailed O'Reilly.

[Dr. Scarpetta]

Maybe it's lazy AND incompetent...

[janetgreen]

And our jails(L.A. County being the worst) are chock full of these scumballs!

Just read in the local paper this morning that one of these scumballs in Inglewood got 15 years for sodomizing a THREE YEAR OLD boy (more than once).

Amazing that the mother didn't notice anything wrong until she finally found some blood on the child's clothes. The injuries were very serious. This was a family "friend" that lived there.

I wonder if this guy "a family-oriented man who just came here to work"? It is clear that these WERE NOT his intentions.

Will he receive shamnesty too if the morons in Washington pass it?

[television is just wrong]

Terrible, just terrible. What a thing to happen.

[neverdem]

I can't say what I want.

[ladyjane]

WHY was this monster still sucking air 5 minutes after she found out what he'd done to her child?

Sounds like he is mom's boyfriend.

[Jeff Chandler]

It amazes me that some people here are more angry that this is an illegal alien than they are that he RAPED A LITTLE GIRL.

A large part of the illegal alien problem is the terrible probelm of rape and molestation in hispanic culture.

[Captain Rhino]

Seems appropriate to insert this research on the Pennsylvania law involved at this point:

The offenses that Mr. ILLEGAL ALIEN is being allowed to plea to:

§ 3122.1. Statutory sexual assault.
Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.

§ 3125. Aggravated indecent assault.
Except as provided in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person's body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault, a felony of the second degree, if:

1. the person does so without the complainant's consent;
2. the person does so by forcible compulsion;
3. the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
4. the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;
5. the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
6. the complainant suffers from a mental disability which renders him or her incapable of consent;
7. the complainant is less than 13 years of age; or
8. the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

Basic Felony Statute


§ 1103. Sentence of imprisonment for felony.
Except as provided in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses), a person who has been convicted of a felony may be sentenced to imprisonment as follows:
1. In the case of a felony of the first degree, for a term which shall be fixed by the court at not more than 20 years.
2. In the case of a felony of the second degree, for a term which shall be fixed by the court at not more than ten years.
3. In the case of a felony of the third degree, for a term which shall be fixed by the court at not more than seven years.

So at this point, it seems like Mr. ILLEGAL ALIEN is liable to a maximum sentence of 20 years if the sentences for the two offenses run consecutively (one after the other). But wait.

Web paging to the appropriate sections of Title 18 (Crimes)Section XX (Dispositions of Offenses) and Title 204 Part VIII (PA Supreme Court Sentencing Guidelines) reveals that Mr. ILLEGAL ALIEN could spend as little as 22 months in a state boot camp (unlikely) and as much as 25 years in prison ( with multiple prior violent crime felony convictions).

Assuming that he has no prior felony convictions IN THIS COUNTRY and he draws the maximum sentence with aggravating factors and serves them consecutively, Mr. ILLEGAL ALIEN will serve 8.5 years in a state prison.

Then he will be deported. Hopefully the border will be more secure the next time he tries to cross.

[TAdams8591]

I'd say too.

[MamaTexan]

Sounds like he is mom's boyfriend.

THAT disgusting thought hadn't even occurred to me!