First victim testifies at trial
Alcohol, marijuana involved in sexual episodes
By Bobbi Mlynar
Wednesday, August 15, 2007
A teenaged girl told a story of sex, drugs and alcohol this morning in Lyon County District Court as she testified about a relationship she had with Raul Manuel Magallanez Jr.
Magallanez is the defendant in three cases being tried together in court. He has been charged with more than 60 counts, including rape of a minor under 14 years of age, aggravated indecent liberties with a minor, furnishing alcohol to a minor with illicit intent, aggravated intimidation of a witness, sexual exploitation of a minor.
Names of the girls, their friends who have been called to testify, and their parents will not be published to protect the identities of the girls.
Girl No.1 — one of three underaged girls alleged as victims in the complaints — said she was 14 when her relationship with Magallanez began not too long after she met her teenaged boyfriend through a friend on an Internet site in July 2005. The boyfriend introduced her to his uncle, Raul Manuel Magallanez Jr., who frequently brought the boy to the girl’s house.
The boyfriend subsequently began spending more time with his friends and, the girl said, she suspected he was using drugs. She and Magallanez, whom she called Manuel, became closer and they met almost daily and talked about her boyfriend and occasionally other topics.
She said Magallanez would call her frequently and pick her up after her mother and stepfather were asleep.
The defendant first started talking to her about sex in late September or early October, she said, and early in October 2005 they had sexual intercourse.
“I was at his house and we were drinking vodka and we were in his room and it was really late at night and I was laying on his bed and he started talking sexual things to me,” Girl No.1 said.
The girl said she and Magallanez had sexual intercourse after that.
“I just remember that I think we had sex maybe about every week,” she testified.
She described in detail several other sexual encounters between the them, as well as another encounter involving herself, Magallanez, and his nephew. She said Magallanez videotaped some of the latter episode.
She said that over a period of time, the two of them had sexual encounters in a variety of locations, including his bedroom, in the alley near his apartment, on a picnic table in Peter Pan Park, near Bunge, and in the parking lot of Heartland Apartments near the university. An encounter at Peter Pan Park included Magallanez and his nephew. She also said that sometimes she climbed into Manuel’s bedroom window, when his mother was home, because his mother did not approve of her son’s involvement with a 14-year-old.
She said he had provided a variety of alcohol products to her, including Bacardi rum, vodka, Pucker, and Seagram’s wine coolers.
The girl testified she had never had sex with Magallanez without having drunk alcohol first, and that sometimes she smoked marijuana that he had supplied to her.
“Why did you never have sex with him when you weren’t intoxicated?” Assistant County Attorney Amy Aranda asked.
“I guess I just wasn’t attracted to him unless I was intoxicated or high,” Girl No.1 responded.
The girl described ways in which she posed for photographs for Magallanez. In one episode, she said that Magallanez said he would take photographs of her on his cell phone and send them to the cell phone of his nephew’s new girlfriend.
The girl identified the photos in court and described circumstances under which they were taken when Aranda showed the photos to her.
In one setting, the girl said that two other young males were in the bedroom with her and Magallanez. One of them left, and Girl No.1 later said that the remaining male had told her Magallanez had asked the other man to leave.
She said the remaining young man told her “Manuel told him if he just got out for a minute, Manuel would let him have sex with me,” the girl said.
“... I told (him) that it wasn’t Manuel’s place to tell him who could have sex with me.”
She testified that Magallanez had tried to talk her and a girlfriend, also 14 years old, into interacting sexually together.
“He thought it would be sexy if I made out with (the other girl),” Girl No.1 testified. “I... I knew that he was probably trying to have sex with both of us.”
She said that she continued to see Magallanez after he was released from jail, where he had served time from January to April 2006 on a conviction for promoting obscenities to a minor. The charge resulted from Magallanez’s taking the girl to Whispers, where she purchased a vibrator and warming lotion with money she had borrowed from the defendant.
The girl’s mother had gotten a restraining order against Magallanez after the incident involving Whispers, and she said she knew that he was not supposed to see her after he got out of jail.
She explained that she felt close to Magallanez.
“I think it was because I actually felt like he cared about me,” she said. “At that time I didn’t have many people who cared about me and I didn’t want to lose that. ... He was just always there whenever I needed to talk to somebody. ... Whether he was acting or not, he just made me feel like he cared. He listened to me.”
She said he also bought her food when she was hungry.
In 2006, Magallanez told her that he wanted her to have his babies and suggested they run away and get married, the girl said.
slipandslide (anonymous) says...
pervert !
August 15, 2007 at 2:01 p.m. ( permalink | suggest removal )