Afternoon brings more testimony from Girl No. 1
Defendant asked for help from alleged victim
By Bobbi Mlynar
Wednesday, August 15, 2007
The first in a series of young witnesses continued her testimony Wednesday afternoon about an alleged illicit sexual relationship between herself and Raul Manuel Magallanez Jr., who is on trial for more than 60 charges in Lyon County District Court.
The girl spent much of the afternoon divulging more details of her relationship with Magallanez and a group of mutual friends who socialized together, sometimes using sex, alcohol and drugs as a common interest.
Girl No. 1 talked of a sexual episode with the defendant near his car in a parking area tucked behind his home. Another male friend stood at the back of the car during the encounter; Magallanez called the young man to them afterwards. The girl described graphically the act that had taken place.
"We were all just drunk and just kind of trying to have fun," the girl said.
"What were you thinking?" Assistant Lyon County Attorney Amy Aranda asked.
"I thought it was kind of fun," the girl replied.
She had difficulty recalling specifics, such as dates, times, surroundings, and other information about her time spent with the defendant.
"Is it hard to remember all the details?" Aranda asked.
"Very hard," Girl No. 1 said. "Because it happened so many times."
She had become upset with Magallanez when one of the teenaged boys in their circle told her that Magallanez was "messing with a couple of girls."
She testified that she drove her mother's van to Braum's to meet Magallanez and talk with him. He got into the van and asked for her help in dealing with two girls who were saying he had sex with them.
"He said that they were just talking to the cops about how he had sex with them and he told me there was a girl ... that likes him and he told her he didn't want to be with her," Girl No. 1 said. "... He was, like, 'No, I swear I didn't mess with them.'"
He asked if she had talked to police, she said, and she told him she had not.
"He told me he did not want to go to prison," the girl said.
"During cross-examination, defense attorney Julia Spainhour asked the girl about a conversation she had in December 2006 with Emporia Police Detective Sgt. Mark Schondelmaier, in which she talked about the videotape Magallanez recorded during a sexual encounter involving the girl, the defendant and her then-boyfriend.
Spainhour also asked if she remembered telling one of the group of friends that she was working undercover for Schondelmaier.
Spainhour questioned the girl about whether her current boyfriend knew Manuel only because of his association with her. The girl said their acquaintance was not a result of knowing her.
"They just smoked marijuana and drank a lot together," the girl said, adding that they also were involved in a car club.
The defense attorney mentioned that in an interview with special investigator Angela Proehl at the Advocacy Center in November 2006, the girl had denied any sexual contact, and had said that she cared about Magallanez but was "in love" with his nephew.
At a second interview at the Advocacy Center in February, the girl talked about the sexual relationships.
"You were mad because they didn't want to have anything to do with you, right?" Spainhour asked.
"No," the girl replied.
Also during the afternoon, EPD detective Lisa Sage described executing a search warrant on Dec. 6, 2006, at Magallanez's home. Among the items seized was a videocamera in a backpack-type bag. Sage testified that there were no tapes in the camera bag or in the camera itself that would fit the camera.
Sage said that in addition to the video equipment, officers were looking for cell phones, marijuana, drug paraphernalia, notes and letters, CDs and DVDs, photographs, and other items pertaining to inappropriate conduct with a minor. A computer and disks were taken during the search.
Testimony will continue when the trial resumes at 9 a.m. Thursday. Because of a schedule conflict, the session Thursday is expected to recess for the day at about 12:30 p.m.