Posted at: 04/23/2010 9:15 PM
By: Mark Mullholland

Opening arguments begin in Hernandez-Perez trial

BALLSTON SPA -- 23-year-old Victor Hernandez Perez, who is in this country illegally from El Salvador, is facing fourteen charges, including sexually motivated kidnapping, assault and robbery.

He's accused of attacking a 24-year old Saratoga Springs woman as she walked home one night last July.

Prosecutors told jurors today that Hernandez Perez hit the woman on the left temple with a gun and dragged her into his minivan where he ordered her to take off all of her clothes and told her he was going to rape and kill her.

"He is innocent and he will maintain his innocence throughout the course of this trial," says Frederic Rench, attorney for Hernandez Perez.

During jury selection and again in his opening argument, Rench asked jurors if they could acquit Hernandez Perez even if he doesn't testify in his own defense.

Rench also told jurors that he has nothing to prove.

"I don't hope to prove anything. The burden is always with the people to prove the guilt of the defendant. Mr. Hernandez Perez is prepared to present his defense and is looking forward to the trial in the matter."

The victim will testify and describe what prosecutors call the nightmare that Hernandez Perez inflicted on her.

The defense attorney sees it differently, saying the incident took just a few minutes, caused minimal injury and the only gun recovered was a BB gun.

The trial resumes with witness testimony on Monday.

http://wnyt.com/article/stories/S1528278.shtml?cat=300