Testimony in the preliminary hearing for Raul Manuel. Magallanez Jr. of Emporia began Thursday morning in Lyon County District Court, and resumed today at 9 a.m. The hearing is being held before District Court Judge Lee Fowler.
Magallanez is accused of multiple counts of sexual exploitation of a child and furnishing alcohol to a minor.
Among those who testified on Thursday was a teen-aged girl who prosecutors contend is a victim of Magallanez. She testified that she had been dating Magallanez’s nephew when she became sexually involved with Magallanez.
She said she was 14 years old when the sexual relations began between her and the defendant in October 2005.
The girl said that she had been under the influence of alcohol and/or drugs supplied by Magallanez each time she had sex with him. She said they had sex fewer than 10 times and that they had frequent non-sexual contact.
“We had been drinking vodka,” she said, describing their first sexual encounter.
She said she and Magallanez were lying on a bed when he suggested using a sex toy on her. After that, they had intercourse.
“I was very intoxicated,” she said. “I couldn’t walk. I could barely walk.”
Several other sexual episodes occurred, including two threesome encounters with her boyfriend and his uncle, Magallanez. She testified that the latter was filmed by Magallanez. During the filming, she performed oral sex on her boyfriend while Magallanez masturbated. After she finished with her boyfriend, she said, Magallanez came to the bed and ejaculated on her.
The girl said that she had seen Magallanez operating a video camera during the episode and approximately one week later, she said, Magallanez asked her if she wanted to watch the video.
Detective Sgt. Mark Schondelmaier of the Emporia Police Department testified earlier in the morning that police had looked for the video and had executed a search warrant in an attempt to find it. The video never was located.
The girl also described another threesome on a table at Peter Pan Park.
Attorney Jason King, representing the defendant, asked the girl if she ever had sex with Magallanez without being under the influence of alcohol or drugs. She did not respond, and King prompted her to answer the question.
“I didn’t want to offend anybody,” she said. “I guess I wasn’t really attracted to him unless I was drunk.”
King asked about why she continued to see Magallanez and have sexual relations with him.
“He made me feel like he cared about me,” she said. “He made me feel like somebody cared.”
The preliminary hearing resumed today at 9 a.m.
Joe (anonymous) says...
Why is the gazette printing this trash? This is not journalism or news. Do not hide behind some warning that this article may be offensive. This article is offensive! Have some class Chris Walker. I bet Mr. White is darn proud now! There are other ways to be cutting edge and attract readers than printing this garbage!
March 30, 2007 at 4:37 p.m. ( permalink | suggest removal )
former_emporian (anonymous) says...
This "man" is a known drug dealer who was left to walk the streets because he would inform the police on his competition. This is not the first time he has abused a minor. The gazette should publish his past criminal record and print all the times he was let go by the E.P.D . He tied his underage girlfriend at the time to a tree and beat her in peterpan park. The gazette printed that story, why is it not talked about now ? Emporia can only blame the Emporia police department and the " old" drug detective who ran the drug unit for this "man" raping this towns children. A couple of drug busts and everyone felt safer. But at what cost? The loss of innocence for a number of young girls? Emporia has egg on its face and you can blame the emporia police department.
March 30, 2007 at 6:42 p.m. ( permalink | suggest removal )
briana620 (anonymous) says...
i think that this article is ridiculous. I happen to know both the defendent and his nephew. this has nothing to do with his nephew so why is this article being printed with him in it. Ovisely people who know the defendent are going to know who his nephew is. People really should think about how they are affecting peoples lives before they just write things for publicity. I understand wanting to get the story out and there may be evidence that the defendent did do something with the "Victim" but do you really know about his nephew? No so you shouldn't write about it. And the so called "victim" isn't really a victim..she did consent no matter her age she knew what she was doing.. I mean seriously how good is she if she was 14 and drinking? think about it> i am seriously offended by this article and it makes me think less of the people who run this town. and who are "reporting" our town news. Makes the town look great. Good job news and police!!
March 30, 2007 at 10:56 p.m. ( permalink | suggest removal )
4_Emporia (anonymous) says...
It doesn't matter this man is in the court system. Until all is said nothing should be said. I just hope that they publish both sides if they publish one.
March 31, 2007 at 1:10 a.m. ( permalink | suggest removal )
IgnoranceisaliveandwellinEtown (anonymous) says...
If people really want the truth they should just go to the hearings and hear it for themselves. You have to be a dim wit to believe what this paper prints. I don't know what the "truth" is regarding this case but I don't believe a thing I read in this town's paper.
March 31, 2007 at 12:57 p.m. ( permalink | suggest removal )
pizza (anonymous) says...
Geez, maybe you can post the video if they find it. What a piece of crap newspaper.
March 31, 2007 at 2:02 p.m. ( permalink | suggest removal )
siamesefred (anonymous) says...
Parents need to wake up and realize that this sort of disgusting stuff is happening in their own backyard. Some parents may feel safe that their child is not alone with the boyfriend or girlfriend because an adult is present. But, some adults are sick freaks. As the Shadow said, no one knows what lurks in the hearts of men (and women).
And I disagree that this girl gave consent. Sure, she may have liked the attention and may even have liked some of the feelings the early advances elicited, but I cannot believe she knew everything that would be done to her before it happened. And the law says that intoxication negates consent. No one who is intoxicated can give consent, whether 14 or 54.
April 1, 2007 at 1:55 p.m. ( permalink | suggest removal )
theheavenlyguy (anonymous) says...
I know this guy personly and believe me this guy is one sick individual. I believe this guy did this and a lot more and enjoyed it 100%. His prey was always on the weak, young and innocent. This was not the first time the Emporia police department had looked at him like a pedifile. I'm just glad he finally got caught and if going to get every bit of what he deserves. I hope he gets locked away for a very long time and doesn't ever get to see sunshine again. My THANKS goes to the Emporia Police Department for cleaning up the streets.
April 1, 2007 at 7:58 p.m. ( permalink | suggest removal )
jedi11 (anonymous) says...
I am a parent involved in all of this and my only comment is NEVER TSKE YOU EYES OFF YOUR CHILDREN, before you even can realize that the situation is out of controll it is in a full 360 flip. This man and others like him prey on our children and twist their minds, their thinking. and take total controll of them and he will throw them away when he no longer needs them. My thoughts and prayers go out to all of the victims of "Manual" as a comunity, as parents we all need to stand behind all of these young victims and give them our stenght to keep up the fight and put the sick twisted person where he belongs and away from our children.
April 1, 2007 at 8:12 p.m. ( permalink | suggest removal )
citizen1 (anonymous) says...
I am so sick and tired of men and women who prey amoung our children. I believe that sickos like this need to be hung the moment a child is touched. He should be hung period. But I must comment though on the question asked by another posting on Why the nephew is being brought up. If anyone has to ask this question I really have to question there ability to think. HE KNEW WHAT WAS GOING ON, HE TOOK PART IN IT AND HE COULD OF STOPPED IT BY TELLING SOMEONE, OR HOW ABOUT THIS JUST NOT GO ALONG WITH HIS UNCLE!!! This was the young girls boyfriend right? Sexual predetors no how to make there prey feel special and wanted and at the same time make them feel ashamed for what they have done. I will agree that abusing alcohol at her age was not smart but it doesn't matter he is an adult that is sick. I pray that this reader who posted this question doesn't have children, if you do I hope if this was to happen to your child your views would change, if not then I would have to seriously question the parenting skills of this person
April 1, 2007 at 11:24 p.m. ( permalink | suggest removal )
siamesefred (anonymous) says...
I don't know the family, so I don't know who the nephew is. For all I know Manuel has 10 nephews, so I'd never know who it is. And it doesn't matter. What matters is education that pedophiles look for gateways to children.
Sometimes it's the helpful neighbor who's always available to babysit at a moment's notice. Other times it's the adult you trust to coach your kid's sports team. When you can't travel to a tournament, you're comfortable having your kid bunk in that adult's room. And it may be the boyfriend's family member who makes himself available as a chaperone.
These people work hard to gain the child's -- and often the family's -- trust. We have to be constantly vigilant.
April 2, 2007 at 6:54 a.m. ( permalink | suggest removal )
shawnah (anonymous) says...
Well once again, this cruel indecent excuse for a human has finally got caught by the EPD. Noone knows this boy like I do. Years ago he should have been locked away, instead slowly praying on young kids, ruining their lives, like it was his. I don't feel any remorse for anything that happens to this guy, he deserves worse than he could ever get. While his attorney is chewing these girls apart, he's trying to say he's crazy. He is crazy, but he knew what he was doing. I hope the jurors lock him up in this case, before he gets set free again. He will never stop, he will keep praying on children like the sick person he is.
April 19, 2007 at 9 p.m. ( permalink | suggest removal )