Thread: Brothers indicted in 2004 Troy rape UPDATE

http://timesunion.com/AspStories/story. ... =2/23/2007


Brothers indicted in 2004 Troy rape

By BOB GARDINIER, Staff writer
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Last updated: 10:11 a.m., Friday, February 23, 2007

TROY - Two brothers who have been in jail since October 2004, accused of raping a college student behind a downtown bar, were indicted on rape and attempted rape charges by a grand jury this morning.
In a 10-count indictment handed up before Judge Patrick McGrath, Heder Roblero, 25, and Wisner Roblero, 24, both citizens of Mexico, were also charged with sexual abuse, unlawful imprisonment and criminal possession of forged instruments. They were allegedly found in possession of forged alien identification cards.

Police said the pair, along with Ausel Ovideo Gonzalez, 29, who is also a Mexican citizen, were drunk at 3 a.m. Oct. 29, 2004, and walked through the Church Street alley behind the Ruck bar at 118 Third St., heading to their apartment. They came across a Russell Sage College student, then age 24, who stepped out of the bar's rear door to talk on her cellular telephone. The men allegedly grabbed the woman, dragged her into a gangway, held her down and raped her.

Gonzalez pleaded guilty to a count of first-degree sex abuse and was sentenced to five years in prison in June 2005, and had to agree to testify against the brothers.

The charges could get the brothers 15 years in prison if convicted.

Investigators have said that with the victim's help, prosecutors matched all three men to the crime using DNA.

The Robleros will be arraigned at a later date and remain in jail without bail.




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http://timesunion.com/AspStories/story. ... e=3/6/2007


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2 brothers enter pleas of not guilty in rape case
One Spanish-speaking defendant allegedly said he knew enough English to realize woman refused

By BOB GARDINIER, Staff writer
Click byline for more stories by writer.
First published: Tuesday, March 6, 2007

TROY -- One of two Spanish-speaking brothers accused of ambushing a female college student behind a downtown bar in 2004 said in an alleged statement to police he knew enough English to understand the woman was begging them to stop.
Heder Roblero, 26, and Wisner Roblero, 25, both Mexican citizens, were arraigned before Judge Patrick McGrath on Monday and both pleaded not guilty to charges of rape, attempted rape, unlawful imprisonment and criminal possession of forged instruments. They were allegedly found in possession of forged alien identification cards.

The Roblero brothers were indicted on the charges by a grand jury last week.

The pair, along with Ausel Ovideo Gonzalez, 29, also a Mexican citizen, allegedly were drunk at 3 a.m. Oct. 29, 2004, when authorities say they walked through the Church Street alley behind the Ruck bar at 118 Third St., heading to their apartment. Behind the bar, police say, they came across a 24-year-old Russell Sage College student who had stepped out of the bar's rear door to talk on her cellphone. The men allegedly grabbed the woman, dragged her into a gangway, held her down and raped her, police have said.

In statements they allegedly made to police and that were made public Monday, both brothers alleged the woman was intoxicated and talked to them when they came across her, but they said they did not understand what she said because they did not speak good English. Heder Roblero, however, said that he knew enough English to understand the woman wanted them to stop.

"The girl was saying in English 'No mas, por favor.' In English I know these words as 'no more, please,' " Heder Roblero allegedly said in the written statement taken by police through an interpreter. Heder Roblero told police he was employed at Morgan Linen and his brother worked as a landscaper, according to the statements.

Gonzalez pleaded guilty to first-degree sex abuse and was sentenced to five years in prison in June 2005. He had to agree to testify against the brothers.

The Robleros were close to taking pleas last summer, but in court the older brother said he wanted to take all the blame and clear his sibling. That prompted prosecutors to pull the deal, referring the case to the grand jury.

The charges could get the brothers 25 years in prison if convicted. They also would face deportation after their sentences were completed.

Both sides now have 45 days for motions. No trial date has been set.

Bob Gardinier can be reached at 454-5696 or by e-mail at bgardinier@timesunion.com.



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2 questions: Why does it takes 2 1/2 years to bring charges and why won't they identify them as here illegally