Wednesday, Sep. 03, 2008

Victim takes stand against alleged child molester

Cortez is accused of improper contact with three girls over several years

By VICTOR A. PATTON
vpatton@mercedsun-star.com

The trial of 36-year-old man accused of molesting three girls began in Merced County Superior Court on Monday, as jurors heard tearful testimony from one of the alleged victims.

Defendant Roberto Cortez was arrested by Livingston police earlier this year on suspicion of molesting the girls several times between 1998 and 2007. Investigators believe the victims ranged in age from 6 to 13 when the crimes occurred.

Cortez is charged with eight counts of child molestation and one count of possessing or duplicating child pornography.

His defense attorney denied the charges.

Deputy District Attorney David Sandhaus told jurors during his opening statement that Cortez targeted the children of single mothers he was involved with. Cortez told investigators that he had been molested as a child -- and admitted touching the girls inappropriately when he had an "urge," Sandhaus said.

Sandhaus told jurors that Cortez wrote an apology letter to a mother of one of the victims. The abuse ranged from watching pornographic movies with the victims to oral copulation, Sandhaus said. Investigators believed the crimes happened at several sites in Livingston, Merced and other areas of the county.

Investigators also found images of child pornography on Cortez's computer, Sandhaus said. "The people believe the evidence will show the defendant is guilty beyond a reasonable doubt," Sandhaus said.

Defense Attorney Richard Berger denied the charges against his client during opening statements, saying law enforcement had previously investigated Cortez in 2005, but no charges were filed. Berger said the computer containing the images of child pornography doesn't directly implicate Cortez. "This is a computer that many, many people had access to," Berger said.

On Monday one of the alleged victims, who's now 16, testified that she was about 6 or 7 when the first incident of molestation began, with Cortez showing her a pornographic movie and then abusing her.

The girl broke into tears when describing the first incident, testifying that the abuse occurred on occasions when her mother was either sleeping or not home. The girl said she complied with Cortez's demands because she was afraid -- and that the abuse happened between 10 and 15 times. "He'd just get angry, lash out and start yelling at me," the girl said. "I just didn't know what else to do."

Under cross examination by Berger, the girl acknowledged that in 2005 she had denied to her mother that she had been abused. The girl said she waited to tell her mother about the abuse because she was afraid how she would react at that time.

Cortez faces a maximum sentence of life in prison if convicted.

Reporter Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsun-star.com.