Thread: IN: Rape cases to be tried together

Rape cases to be tried together

February 5, 2008
By James D. Wolf Jr. Post-Tribune staff writer

VALPARAISO -- Judge Roger Bradford ruled charges against Arturo Garcia-Torres, 21, accused of raping or trying to rape two Valparaiso University students on July 18, 2004, and June 12, 2005, will be tried together in one trial.

Garcia-Torres, who has been in Porter County Jail since being arrested in 2005, will face two counts of burglary, one count of rape and one count of attempted rape on March 31.

Each charge carries a penalty of six to 20 years in prison.

Defense attorney Visvaldis Kupsis argued that Garcia-Torres has a right to separate trials for each count under Indiana law because the crimes were so different.

In the 2004 incident, a man rang the doorbell of a home in Homer Court, forced his way in, assaulted the victim and then raped her.

In the 2005 incident, a man climbed in the window of a Garfield Avenue apartment and attempted to remove the clothing of a woman in bed. The woman clawed him and the attacker was scared off by police, who were called by the neighbors.

There is no common method, Kupsis argued. The only reason the crimes are tried together is the similarity of charges, which could prejudice a jury.

Deputy Prosecutor Cheryl Polarek argued that proximity was a common factor as both incidents occurred near his former home of 53 Roosevelt Road #14A, within about a half a mile.

Also, the evidence was common in both cases. Police used DNA from a shoe dropped at the second scene to get a match with DNA from the first crime.

Garcia-Torres also allegedly dropped a cell phone while running from police and that was used to identify him, Polarek said.

Bradford agreed that the evidence was too interrelated in the cases to split them.

The court also addressed the matter of having a translator for the proceedings as Garcia-Torres, an illegal alien from Mexico, speaks limited English.

Bradford said the state would provide one should Garcia-Torres choose to take the witness stand, but as per recent Supreme Court rulings, the accused will have to hire his own translators for his own use.

Garcia-Torres is being held in Porter County Jail on $150,000 bail.

http://www.post-trib.com/news/776846,rapecases.article

36 years for rapist at Valparaiso Univ.
November 15, 2008 at 8:59 AM

An illegal immigrant was sentenced Friday to 36 years in prison for the rape of a former Valparaiso University student and the attempted rape of another former student.

Arturo Garcia-Torres, 21, was expected to be deported back to Mexico after serving his sentence, according to the Northwest Indiana Times.


The rape victim and the attempted rape victim had requested that Porter County Superior Judge Roger Bradford give Garcia-Torres the potential maximum sentence of 40 years. The judge told the Times that he used the fact that Garcia-Torres was in the country illegally at the time of the assaults to increase the length of the sentence.


Bradford also cited the pain of the victims in his sentence: The rape victim said she is on antidepressants and will probably use them for the rest of her life.


Defense attorney Visvaldis Kupsis said Garcia-Torres came to the United States at age 15 after being raised in a poor family in Mexico, according to the Times. Kupsis had recommended he receive a 15-year sentence, citing a county adult probation department recommendation.


The rape occurred in July 2004 and the attempted rape in June 2005, according to reports. Garcia-Torres was found guilty in August of felony counts of rape, attempted rape and two counts of burglary.

-- Chicago Breaking News Center

www.chicagobreakingnews.com

Good news, I hope he does everyday of it, because if he gets out early they will deport him and he will just come back!