http://www.mercurynews.com/mld/mercuryn ... 334440.htm

Posted on Tue, Aug. 22, 2006

East P.A. man sentenced to 30 years for molesting daughter


Bay City News Service

An East Palo Alto man who sexually molested his teenage daughter over a period of about two years was sentenced today in San Mateo County Superior Court to nearly 30 years in prison.

Antonio Hernandez, 41, pleaded no contest in August to sexually assaulting his older daughter from when she was 13 or 14 until she was 16, according to the district attorney's office.

The attacks are believed to have started in 2003 and continued until 2005, when Hernandez's wife became suspicious and installed a video camera in one of the bedrooms in their home, according to the district attorney's office.

A tape made in 2005 shows Hernandez forcibly sexually assaulting the girl.

At a hearing in December, an East Palo Alto detective testified that the 16-year-old daughter indicated that similar sexual assaults occurred at least `one or two times a week for the past two to three years.''

At today's sentencing, defense attorney Steve Chase argued for a lesser sentence after a doctor's psychological examination claimed Hernandez, who cannot read or write, suffers from a `neuropsychiatric developmental disorder'' along the order of autism.

Chase also argued that Hernandez, who he said was `embarrassed'' by and `sorry'' for the crime, would not pose a significant danger to the public, only to his daughters.

Hernandez's brother and sister-in-law also asked the judge for leniency, saying they had never known Hernandez to be violent and had never seen him do anything wrong, either here in the United States or when they lived in Mexico.

According to Chase, Hernandez stands to be deported when he finishes his prison sentence.

Devitt, recounting the graphic videotape evidence and calling this one of the worst sexual assault cases he's ever seen, argued against a reduced sentence.

According to Devitt, Hernandez `had the wherewithal'' to deny the assaults took place until confronted with the videotape of the crime.

Hernandez, who listened to the proceedings through a Spanish-language interpreter, stood impassively as Judge James Ellis read the sentence and declared that `no amount of punishment would be adequate'' for the crime.

Ellis sentenced Hernandez to serve 29 years and eight months in prison. In addition, Hernandez will have to register as a sex offender for the rest of his life, submit to DNA and HIV testing, and will not be allowed to ever contact the victim.