Thread: CT-Jury, in Milford case of immigrant smuggling,rape

Jury selection starts in Milford case of immigrant smuggling, rape
By Frank Juliano

Updated: 09/22/2009 03:48:12 PM EDT



MILFORD -- Jury selection began today in the trial of a man accused of raping a Salvadoran girl he was smuggling into the country.

The first four prospective jurors were dismissed for various reasons, including their views on immigration policy, during the morning session in Milford Superior Court.

Court officials said they expect to select a six-member jury by the end of the week. The case is scheduled to begin next Tuesday with arguments on motions, and testimony could start a day later, State's Attorney Kevin Lawlor said.

Francisco Pascual, 26, has rejected a plea deal that could have limited his jail time to 15 years. He could face nearly 80 years in prison if convicted. A Mexican citizen, Pascual has been held since his December 2007 arrest in lieu of $2 million bond on charges of kidnapping, first-degree sexual assault, third-degree sexual assault, risk of injury to a minor and unlawful restraint.

The defendant allegedly raped a 12-year-old girl in a city motel as they were en route to the Boston area, where Pascual was to deliver the girl to her mother. The Salvadoran girl was the last of several illegal immigrants that Pascual allegedly smuggled across the border from Mexico and transported to various cities across the United States, police said.

Defense attorney Mark Solak used one of his preemptory challenges to dismiss a potential juror who disclosed that her daughter was confronted by a man who had broken into her apartment.

Another potential juror was excused after telling Judge William Holden that his stepson is a prosecutor in New Jersey. A third said that she needed to work and would suffer an economic hardship if she was selected.

The final candidate in the morning session said that her husband is an immigrant to the United States, and has been the target of racial profiling.


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Immigrant sex-assault trial goes to jury
By Noelle Frampton
STAFF WRITER
Updated: 10/07/2009 12:39:46 AM EDT

MILFORD -- The jury that will decide the fate of an alleged immigrant smuggler on trial for the rape of a 12-year-old Guatemalan girl in a city hotel begins deliberations Wednesday, after hearing closing arguments from prosecution and defense Tuesday.

The four-day trial of 26-year-old Francisco Pascual ended as his lawyer questioned the credibility of the girl's story and sparse forensic evidence, while State's Attorney Kevin Lawlor made an impassioned appeal for a guilty verdict.

"She's not some Academy Award-winning actress," Lawlor told the five women and three men on the jury. "This isn't something she made up to get out of a jam. This isn't Hollywood; this is real life. The people who do justice are you. I'm going to ask you to give that little girl who came in here and spilled her guts to you "¦ give her back that [American] dream. Because justice demands it."

The girl's testimony last Thursday was deeply compelling, moving some jurors to tears, he said last week.

Defense lawyer Mark S. Solak argued the girl's testimony was marred by inconsistencies, pointing out that she initially told police that she, an undocumented immigrant, had been traveling with her family, and was separated and attacked by a stranger.

He also questioned the validity of his client's confession to a police officer, in which he allegedly said he had caressed the girl's chest and groin area and wanted to have sex with her, but stopped when she said no.

Solak said Pascual was overtired and dealing with a language barrier, and there is no audio or video recording of the interview.

"The original stories to the police have nothing to do with my client and sex," Solak said, adding that there was no evidence of trauma found on the girl's body. "I would respectfully submit to you that "¦ there is insufficient evidence," he said.

Lawlor reiterated a doctor's testimony that a lack of apparent trauma following sexual assault is not uncommon. He held up the girl's jeans, with a sparkly girlish pattern on the pockets, to show the jury the broken zipper.

The girl had testified that Pascual held her down on the bed and forced her to have sex with him, punching her face when she fought him.

"I would suggest the evidence shows, ladies and gentlemen, that that's all he had on his mind," Lawlor said, questioning why Pascual would get a one-bedroom room at the Hampton Inn in Milford when he'd just stopped in New York City to drop off others he was bringing into the country illegally.

Pascual, a Mexican national, listened quietly to a translation of the testimony through an earpiece. Held on $2 million bond since his arrest, he faces up to 80 years in prison if convicted.

He is charged with first-degree sexual assault, kidnapping, risk of injury to a minor and unlawful restraint in connection with the Dec. 29, 2007, incident. If the jury is in doubt of whether an first-degree sexual assault took place, Lawlor urged them to convict Pascual of at least attempting assault.

Pacual was allegedly smuggling about 10 people into the United States from Mexico, dropping them off along his route to the Northeast. The girl was alone with him as they passed through Milford on their way to Boston and both had gone roughly three days without sleep, according to court statements.

After the alleged assault, the girl left the hotel and sought help at C&G Auto Sales, police said.

Gaetano Vitti, the owner of the service station who alerted police, testified early in the trial that the girl was eating candy when an employee noticed her. He said she kept her gaze downward and was unable to answer questions.

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