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07-29-2009, 01:23 AM #1
Nebraska: Suspect in rape of child ‘gone'
Published Wednesday July 29, 2009
Suspect in rape of child ‘gone'
By Todd Cooper
WORLD-HERALD STAFF WRITER
What does it cost to avoid a sexual assault prosecution?
For an illegal immigrant in Omaha, the going rate was $20,000.
It was a rate set by the government — and a rate that resulted in the release of an alleged child rapist.
In March, Diego Alcudia-Mendez, 45, turned himself in at the Douglas County Jail and admitted that he had impregnated a 14-year-old girl, according to Omaha police reports.
The girl confirmed Alcudia-Mendez's account and her pregnancy. And prosecutors said paternity tests on her child would have cinched a first-degree sexual assault conviction under a state law that makes it illegal for adults to have sex with anyone under 16.
But as he sat in jail, facing the prospect of 50 years in prison, Alcudia-Mendez figured a way out.
On April 17, he posted $10,000 — 10 percent of the $100,000 bail set at the outset of his case by Douglas County Judge Joseph Caniglia.
Still, the illegal immigrant had a problem: Immigration and Customs Enforcement agents were holding him, without bail, as he awaited deportation proceedings.
So Alcudia-Mendez asked a judge to set bail in federal court.
U.S. Immigration Judge Daniel Morris of Omaha granted Alcudia-Mendez's request — setting bail at $100,000 on May 13.
Soon after, Alcudia-Mendez posted $10,000, the required 10 percent, with ICE.
Authorities haven't seen him since. He missed his deportation hearing in June and skipped two pretrial hearings in his sexual assault case — prompting Douglas County District Judge John Hartigan to issue a bench warrant for his arrest.
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