The mother of an accused sex offender warned a teenager that her son was a sexual predator, according to testimony given Monday morning in Lyon County District Court.
The second of three alleged victims continued her testimony in the trial of Raul Manuel Magallanez Jr. He has been charged with one count of raping a 13-year-old girl and multiple counts of indecent liberties with a minor, furnishing alcohol to a minor with illicit intent, aggravated sodomy and one count of aggravated intimidation of a witness. Three cases against the defendant have been combined into one trial.
The teenage girl’s testimony continued into the afternoon and was followed by three Emporia Police officers who discussed complaints and reports that had been filed against the defendant.
During the morning, Girl No. 2 recounted a conversation with Magallanez’s mother in late 2006. During her testimony and after a video recording of an interview with a detective had been played, she referred to the defendant as both “Manuel” and “Malachai,” a name Magallanez allegedly used on Internet sites.
The girl said she had been outside the home of the defendant who she called ‘Manuel’ and his mother, when the woman called her inside.
“She’s like, “How old are you really?”
“I replied, ‘I’m really 15.’”
The girl said Magallanez had told her that if his mother ever asked, she was to tell her she was 19. She was 14 when the relationship began.
“I guess he didn’t want his mom to know he was hanging out with ’way younger girls.’”
Girl No. 2 said Magallanez had told her to act older so she put on makeup and tried to dress accordingly.
“I dressed like I was older,” she said. “... Sometimes I would wear skirts and stuff, sometimes jeans. Kinda dressy.”
She said the defendant’s mother talked to her about a specific situation.
“She’s like, ‘You know that he is a child predator,’” the girl said. “And I’m like, ‘No, I did not know that,’ but I figured it out after all the times I had sex with him that he was indeed one. ... So after that, I pretty much quit hanging out with him.”
She later testified that a nephew of Magallanez also had warned her that she should stay away from the defendant.
The girl said that at times Magallanez had given her marijuana, wine coolers and mixed drinks that contained vodka and Cherry 7UP.
“The first time we did go over ... he gave me some weed, marijuana. ... We smoked it in his bedroom,” Girl No. 2 said.
Like Girl No. 1, the teenager said she had sneaked out of her house and Magallanez had picked her up. They sometimes went to his house and sometimes went for rides in his car.
“Sometimes we would go to people’s houses because he sold marijuana to people,” Girl No. 2 said.
She said she had gotten sick once in Magallanez’s bedroom after drinking wine coolers too quickly.
“I was drinking at least probably four or five wine coolers really fast. ... I got sick and I threw up in his room,” she said.
The girl described two other incidents, in addition to her testimony Friday afternoon, that included sexual intercourse with Magallanez.
She said that they had been driving around Emporia before the defendant took her outside the city limits. Magallanez initiated a sex act and later asked her to “get on top of him,” she testified, her voice becoming difficult to understand because she was crying.
“He wanted to have sex with me,” she said. “I was scared. I just felt like it was, like this is kind of wrong ... I didn’t know what he would do to me, so I did it.”
The girl said that at one time Magallanez videotaped her on his bed at his home.
“He took out a camera and at first I didn’t know what he was doing and he told me, he’s like, ‘Why don’t you take off your top?’ and I did and he told me, like, ‘Those are nice,’ and he goes on about how ... I don’t really remember,” she said.
She said she had laid down on the bed and the defendant told two teenage boys to perform some foreplay on her while he videotaped.
“He said he was making it for some video he liked to call ‘Teens Gone Wild,’” she said.
She had been drinking alcohol that night and said that Magallanez had not encouraged her to drink.
“No, I’m the one that decided I would drink it,” Girl No. 2 said.
In another incident, the girl said that Magallanez took her to the home of one of his friends and they were drinking alcohol.
“He made me do his friend, Victor, and I did,” Girl No. 2 said. “We went in there and did it for about 15 minutes.”
The man sodomized her, she said.
Police officer Bill Ross testified late in the afternoon that he had arrested Magallanez in early December 2006 on a warrant for intimidation of a witness.
He said Magallanez reminded him that he had come to the police department the evening before “to make a complaint about (Girl No. 3) who was spreading false rumors about him.
“He came to the police department at 3:11 (a.m.) Dec. 7 to make a complaint that (the girl) had been harassing him by telling people that she’d had sex with him and that she was pregnant,” Ross said. “... Mr. Magallanez said she was attracted to him (because) he had a hot car.”
He also told Ross that he had a copy of an e-mail message she had sent him and a phone message, the officer said.
Ross frequently stopped at the Magallanez residence because of his other job as Night Light officer for Community Corrections. In that role, he visits juvenile offenders. Magallanez’s address was listed as one of those offenders.
Ross testified that one night he found five or six people in Magallanez’s bedroom.
“How many of those five or six were female?” defense attorney Kip Elliott asked.
“I think at least three,” Ross said.
The officer said he had run their identifications through the law enforcement system and, when asked under cross-examination if he remembered their ages, Ross said that he did.
“They would have been ... 14 to 15, something in that range,” Ross said. “... The people Mr. Magallanez ran around with commonly were in the age group from 13 to 19.”
create (anonymous) says...
Am I missing something here? Officer Ross testifies that a known sex offender COMMONLY runs around with kids in age group 13-19? The newspaper doesn't report what came next after the officer found three under age females in the supect's bedroom and ran their identifications. 14? 15? This entire story is really wigging me out. I guess I must be naive.
August 21, 2007 at 3:18 p.m. ( permalink | suggest removal )
former_emporian (anonymous) says...
its because the gazette and the EPD are in bed together. yellow journalism at its best . WAW is rolling in his grave.
August 21, 2007 at 5:25 p.m. ( permalink | suggest removal )
glarson (anonymous) says...
It is my understanding that Raul Magallanez Jr. has not been convicted of any sex crimes. Therefore, he is not a sex offender and would not have been when Officer Ross checked the house for a juvenile offender who listed Magallanez's address as a point of contact.
If Mr. Magallanez is convicted in this trial of any of the sex offenses, he will be considered a sex offender and will have to register as such.
Gwen Larson
Managing Editor
August 22, 2007 at 7:46 a.m. ( permalink | suggest removal )
create (anonymous) says...
If Magallanez is not a sex offender, where did his mother get the idea that he was a "child predator" when she warned the young victim as is reported in this story? Yeah, yeah, I know, it's victim's testimony. But if what this girl says is true, and Magallanez's mother knew he was a "child predator," then that woman needs to be charged!
And if Magallanez is convicted in this trial he will go to prison for life. Registering as a sex offender becomes moot.
Is TEG saying he has no priors?
God bless the jury. This must be a hard case to hear. It's hard enough to read in the paper.
August 22, 2007 at 9:20 a.m. ( permalink | suggest removal )
former_emporian (anonymous) says...
"Videotape focus of testimony Friday, August 17, 2007." " She testified that she left Magallanez in February 2006, after he began serving time in the Lyon County Jail on a conviction for promoting obscenities to a minor." maybe not on the sex offender list but any police officer should know when someone is a predator. The Emporia police department is a joke. The only crimes they solve are the speed traps on I-35 by walmart.
August 22, 2007 at 12:45 p.m. ( permalink | suggest removal )
create (anonymous) says...
Thanks former emporian. What about it TEG, still saying he had no priors? Something really stinks about this case and that jerk defendant is only the tip of the sewer.
August 22, 2007 at 2:34 p.m. ( permalink | suggest removal )