lol I love some of the defense attorney's arguments:
"She led him on! or "He's just trying to feeeeed his faaaaaaamily"
lololol....Sick, but u gotta give em an "A" for effort!
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By L.A. CARTER
THE PRESS DEMOCRAT
Published: Tuesday, September 16, 2008 at 5:14 p.m.
Last Modified: Tuesday, September 16, 2008 at 5:22 p.m.
A Petaluma man who began having sex with his niece when she was 11 and impregnated her when she was 12, likely will never be released from prison after being ordered to a 15-years-to-life sentence on Tuesday.
Alvaro Garcia Badillo, 22, was convicted in June of continuous sexual abuse of a minor and enhancements of substantial sexual conduct and inflicting great bodily injury — the pregnancy — which triggered the lengthy term term.
Badillo’s attorney, Peter Duarte, asked Judge René Chouteau to overturn the jury’s verdict on the great bodily injury enhancement, saying a “natural pregnancy” and vaginal birth without complications didn’t amount to serious injury.
Prosecutor Juliette Olson said any sentence less than the life term would be inappropriate.
Duarte sought lenience from the judge, arguing that the child “initiated the encounters a number of times” and that Badillo realizes he “shouldn’t have ever let it happen.”
He said Badillo is passive and immature and that living conditions were difficult in the family’s home, with eight people sharing a small apartment, and that Badillo, who doesn’t speak English, may have been feeling lonely. Duarte argued that Badillo, who was 19 when the sexual contact began, accepts responsibility for his actions.
“This is a young man who came to this country to work and to provide for his family, not only here but for his mother and father in Mexico,” Duarte said. “That is what he did.”
Chouteau said Badillo’s life sentence was sealed by the jury verdict.
“To say that inflicting a pregnancy on an 11-year-old girl is not great bodily injury would be stretching the truth here,” he said.
Calling Badillo’s actions reprehensible, Chouteau also said it was unfortunate that state law gave him no discretion in the sentence.
A mental health doctor’s evaluation of Badillo concluded he isn’t a sexual predator, Duarte said. The conviction, however, will require Badillo to register as a sex offender for the rest of his life if he is ever released from prison.
Those with indeterminate life terms, Such as the one imposed on Badillo, are seldom released from prison after evaluations by the state Board of Parole Hearings.
The girl hid her pregnancy for about seven months, according to the Sonoma County District Attorney’s office, and gave birth to a healthy infant on her own 13th birthday. DNA evidence proved Badillo is the father of the child, according to prosecutors.
"She led him on! or "He's just trying to feeeeed his faaaaaaamily"
lololol....Sick, but u gotta give em an "A" for effort!
--------------------------------------------
By L.A. CARTER
THE PRESS DEMOCRAT
Published: Tuesday, September 16, 2008 at 5:14 p.m.
Last Modified: Tuesday, September 16, 2008 at 5:22 p.m.
A Petaluma man who began having sex with his niece when she was 11 and impregnated her when she was 12, likely will never be released from prison after being ordered to a 15-years-to-life sentence on Tuesday.
Alvaro Garcia Badillo, 22, was convicted in June of continuous sexual abuse of a minor and enhancements of substantial sexual conduct and inflicting great bodily injury — the pregnancy — which triggered the lengthy term term.
Badillo’s attorney, Peter Duarte, asked Judge René Chouteau to overturn the jury’s verdict on the great bodily injury enhancement, saying a “natural pregnancy” and vaginal birth without complications didn’t amount to serious injury.
Prosecutor Juliette Olson said any sentence less than the life term would be inappropriate.
Duarte sought lenience from the judge, arguing that the child “initiated the encounters a number of times” and that Badillo realizes he “shouldn’t have ever let it happen.”
He said Badillo is passive and immature and that living conditions were difficult in the family’s home, with eight people sharing a small apartment, and that Badillo, who doesn’t speak English, may have been feeling lonely. Duarte argued that Badillo, who was 19 when the sexual contact began, accepts responsibility for his actions.
“This is a young man who came to this country to work and to provide for his family, not only here but for his mother and father in Mexico,” Duarte said. “That is what he did.”
Chouteau said Badillo’s life sentence was sealed by the jury verdict.
“To say that inflicting a pregnancy on an 11-year-old girl is not great bodily injury would be stretching the truth here,” he said.
Calling Badillo’s actions reprehensible, Chouteau also said it was unfortunate that state law gave him no discretion in the sentence.
A mental health doctor’s evaluation of Badillo concluded he isn’t a sexual predator, Duarte said. The conviction, however, will require Badillo to register as a sex offender for the rest of his life if he is ever released from prison.
Those with indeterminate life terms, Such as the one imposed on Badillo, are seldom released from prison after evaluations by the state Board of Parole Hearings.
The girl hid her pregnancy for about seven months, according to the Sonoma County District Attorney’s office, and gave birth to a healthy infant on her own 13th birthday. DNA evidence proved Badillo is the father of the child, according to prosecutors.
