Illegal alien sent to prison for indecent assault
BY PETER E. BORTNER / PUBLISHED: DECEMBER 1, 2017
POTTSVILLE — Medardo M. Amador is headed to state prison, and then back to his native Honduras, after a Schuylkill County judge sentenced him Thursday for what prosecutors said was his indecent assault against a little girl in March 2016 in Tamaqua.
Amador, 37, of Pottsville, formerly of West Hazleton, must serve four to 10 years in a state correctional institution, Judge John E. Domalakes ruled.
Domalakes also sentenced Amador to pay costs, $50 to the Criminal Justice Enhancement Account and $1,744 restitution to the state police crime laboratory in Harrisburg, have no contact with the victim and submit a DNA sample to law enforcement authorities. He also warned Amador that more sanctions are coming.
“The defendant is in this country illegally,” is subject to a U.S. Immigration and Customs Enforcement detainer and will be deported to Honduras after completing his prison term, Domalakes said.
Domalakes also imposed lifetime Megan’s Law sanctions on Amador, ruling he is a Tier 3 offender due to his crimes. However, he did not hold a hearing to determine whether Amador is a sexually violent predator, saying that Pennsylvania appellate courts have eliminated that procedure from the law.
“The appellate courts have essentially ‘firebombed’ the Sexual Offenders Assessment Board,” which evaluated certain criminals to determine whether they were sexually violent predators, he said. “There is no more board.”
With a jury ready to be picked to hear his case, Amador pleaded no contest on May 31 to two counts of aggravated indecent assault and one each of indecent assault and corruption of minors. Before imposing his sentence on Thursday, Domalakes rejected a request by Amador to withdraw his plea.
“The court is aware that this child is a very young child. I believe that there is prejudice to the commonwealth” in allowing Amador to withdraw his plea. “It smells of gaming the system to me.”
By pleading no contest, Amador did not admit committing the crimes, but offered no defense to the charges, acknowledged prosecutors had enough evidence to prove him guilty beyond a reasonable doubt and agreed to be sentenced as if he had pleaded or been found guilty.
Tamaqua police filed the charges against Amador, alleging he indecently assaulted a 6-year-old girl on March 27, 2016, in an East Broad Street residence. Police said the child told them that Amador told her to come to him because he wanted to play with her when the incident occurred.
Amador, who wore a prison jumpsuit, leg shackles and handcuffs during the hearing, testified he wanted to withdraw his plea because he did not fully understand it.
“What made you enter your plea of nolo contendere (no contest) at that time?” Assistant Public Defender Michael A. O’Pake, Amador’s lawyer, asked him.
“I was confused when I went into jail,” Amador said.
However, when cross-examined by Deputy Assistant District Attorney Jennifer N. Foose, Amador said his answers to Domalakes’ questions when he entered the plea — that he chose to enter the plea, had not been forced or threatened in any way if he did not, and that he was satisfied with O’Pake’s representation — were true.
Although he used the services of an interpreter during Thursday’s hearing, Amador did answer at least one question in English before the interpreter translated it into Spanish.
O’Pake declined to comment on the case after his client was sentenced. Foose, on the other hand, was delighted with what occurred.
“I’m pleased with the result. We have a dangerous predator off the streets,” she said. “We are relieved that we don’t have to put this child through a trial. The family is relieved that this is now over.”
Contact the writer: pbortner@republicanherald.com; 570-628-6014
Defendant: Medardo M. Amador
Age: 37
Residence: Pottsville, formerly of West Hazleton
Plea: No contest to two counts of aggravated indecent assault and one each of indecent assault and corruption of minors
Prison sentence: Four to 10 years in a state correctional institution, plus lifetime Megan’s Law sanctions
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