Cecilio Rodriguez and Henry Kapono had recently wrapped up a west coast tour with a concert in Redondo Beach, California. A week later, Rodriguez was arrested in Carson, California on a warrant by the L.A. Sheriff’s Department accused of committing a sex crime against a minor.
According to the Los Angeles District Attorney’s office the alleged crimes involved two victims in the late 1990′s. Prosecutors say they came forward in June of 2011. The complaint lists Rodriguez as the defendant who was not related to the victims but was known as "Uncle C" to the girls.
The first incident happened between November 1997 and November 1999 in Los Angeles. The victim was 9 or 10 at the time. The second, happened between May 1996 and May 1998 with another girl who was 7 or 8 at the time. Under California Criminal Statute of Limitations, prosecution of felony sex crimes committed against victims younger than 18 can be brought any time before the victim’s 28th birthday.
In 1994, Rodriguez was accused of sexually assaulting a young girl on the Big Island but was granted a "deferred acceptance of no contest plea."
"He received a 10-year deferral period which is like a 10-year probation period," said local criminal defense attorney David Hayakawa. "When you are finished with that 10-year-old period and order is issued and the case is then dismissed so that case is pau."
Hayakawa says even though the recent accusations happened during that probation probation period, the ’94 case is dismissed and his record wiped clean.
"It doesn’t matter where and what time," he said. "He’s followed the conditions which means includes remaining and conviction free then the case is dismissed and once its dismissed it’s pau. You cannot back track and bring up even old things once that 10-year period expired."
Hayakawa says because Rodriguez was granted a deferral he did not have to register as a sex offender. Hayakawa says state laws have drastically changed since 1994. Accused offenders can no longer defer a felony sex case in Hawaii. He cautions the public not to jump to conclusions.
"They hear about a prior offense warning bells obviously jump off the table and people have concerns," said Hayakawa. "Anytime you have delayed reporting it’s careful to say let’s give an individual his day in court, let’s see what the evidence is, let’s see what actually happened here and let 12 people from the community make a decision in that jury."
The L.A. County District Attorney’s office says it could not comment on whether prosecutors will bring up the 1994 case in future court hearings.
Rodriguez did not post bail which was set at $200,000. If convicted he faces up to 10 years in state prison. He’s expected back in court for a preliminary hearing on October 13.
See the original article at: KHON2 Developing Stories
