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Published - Wednesday, August 02, 2006


Interpretation problems result in mistrial


By DAN SPRINGER | La Crosse Tribune

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A La Crosse County judge declared a mistrial Tuesday in the case of a Mexican worker accused of sexual assault, saying some of his testimony was being lost in translation.

Circuit Judge Ramona Gonzalez, who speaks fluent Spanish, noticed the inconsistencies as Oscar Rodrigo Lopez, 23, was being cross-examined by La Crosse County Assistant District Attorney Tim Gruenke.

Lopez, a Mexican citizen who came to the United States in 2004 on a work passport, was in the second day of his trial on charges of second-degree sexual assault and burglary.

He is accused of entering a La Crosse woman’s home through an unlocked back door while she slept about 4:30 a.m. July 9, 2005, and having sex with her.

His attorney, Keith Belzer, asked for a mistrial after it became clear Lopez didn’t understand some of the questions.

“And it was clear Judge Gonzalez felt the interpretation wasn’t exactly what was being asked by the DA or myself,” Belzer said.

Throughout Lopez’s lengthy testimony, Gonzalez stepped in to help interpret in an effort to make sure Lopez’s answers were being relayed in the proper context, Belzer said.

“(Gonzalez) expressed from the bench she had some concerns about there being nuances and details particular to a sexual assault allegation that were not being relayed to Mr. Lopez and back to the jury,” Belzer said.

While Lopez was “using more articulate phrases” to answer questions, Gonzalez said she thought the interpreter was relaying answers to the jury in more common language, Gruenke said.

Despite the mistrial, neither attorney faulted the interpreter, who has worked for the courts for years.

“I’ve never heard anyone question or criticize the job (the interpreter) has done in the past,” Gruenke said. “Even the judge said she’s used her in other cases and there hasn’t been a problem, and wouldn’t hesitate to use her again.”

In this case, Gonzalez made a finding “unique to this case and unique to the language the defendant was using,” Gruenke said.

Lopez will remain free on bond pending a new trial, which is expected to be set for this fall, Gruenke said.

Dan Springer can be reached at (60 791-8269 or dspringer@lacrossetribune.com.
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