7-year-old testifies she was 'grabbed,' assaulted
Defense says description of assailant, car don't match his client
By Dolly A. Butz Journal staff writer | Posted: Thursday, July 24, 2008
SIOUX CITY -- A 7-year-old who was allegedly kidnapped and assaulted told a jury Wednesday that a man "grabbed" her from a Sioux City park, took her to an upstairs apartment and sexually assaulted her.
The girl took the stand during the first day of testimony in the trial of 24-year-old Armando Orozco, who is charged with one count of first-degree kidnapping, which includes sexual assault as an element of the crime. If convicted of the class A felony, Orozco would receive an automatic sentence of life in prison without parole.
With a guardian ad litem by her side, the 7-year-old whispered into the microphone and nodded her head when questioned about the events of Dec. 22 by Assistant Woodbury County Attorney Drew Bockenstedt.
In opening statements, Bockenstedt said the defendant grabbed the girl from a swing, then took her to a one-bedroom apartment that he shared with his mother. In the bedroom of the apartment, Bockenstedt said, Orozco removed the child's clothing and forced sexual intercourse.
The defendant then gave the girl a dollar bill and told her that if she told anyone, he would kill her family, according to Bockenstedt.
During questioning of the girl, Bockenstedt asked, "Did you want to go to the apartment?"
"No," she answered.
The girl's great-aunt, whom she calls her "mom," testified that before she left to go Christmas shopping around 1:30 p.m. Dec. 22, she told her niece not to go to the park.
The woman's 19-year-old son, who was watching the girl and his infant daughter, testified that he gave her permission to go to the park that afternoon between 1:30 and 2:30 p.m. after they had a disagreement about what TV program to watch.
"She got mad and said she was going to the park," he said.
About 20 minutes later, the 19-year-old said, the girl returned to the house and sat on the couch with him in the living room.
"I grabbed her on the back of her neck, and she jumped like she was scared," he said. "I asked her what was wrong, and she said that someone raped her."
In his opening statement, Orozco's defense attorney, Alexander Esteves, told the jury that his client could not have committed the crime because he did not have time to drive from his girlfriend's home in South Sioux City to the park, take the girl, walk up two flights of steps, rape the girl and make it to work at John Morrell to punch in at 2:58 p.m.
"There's no way that my client could've done it," he said.
Around 2:30 p.m., the girl's great-aunt testified, she received a phone call from her son while shopping at Shoe Carnival. She said he told her that she needed to come home because something had happened to her niece.
The 19-year-old said he went outside to look for a blue car that the girl said the perpetrator had left in. He said the girl then took him and his mother's partner to apartment No. 7 at 901 Virginia St. He said his mother's partner and the girl climbed the stairs to the apartment and knocked on the door. When there was no answer, he said, his mother's partner told him to call police.
A recording of the 911 tape, which was played in court, revealed that the 19-year-old told a dispatcher that the girl said her assailant "left in a blue car."
The defense contended the victim's description of the suspect and the suspect's car do not match his client.
During cross examination, the girl nodded when Esteves asked her if the perpetrator was a "dark Mexican guy." She responded with "yes" when he asked if the man had a tattoo of a "man stabbing a little girl" on top of his left shoulder and if he had a "blackish-brownish car."
"You've got a lot of inconsistences," Esteves said in his opening statement. "The description of the car, the tattoos, my client in general. There's only got to be one reasonable doubt."
The girl's great-aunt testified that she received a second phone call from her son just minutes after receiving the first one.
"He said to get home. Some guy did something bad to (her)," she said.
When she arrived at her home, she said Sioux City police were there with her niece.
"I got out of the car and asked her why she went to the park," she said. "She was very pale and shaking. She looked frightened."
She said she took her niece to Mercy Medical Center, where an exam was conducted and the girl was interviewed. At the hospital, she said, Sioux City police Detective Heather Fleckenstein asked her if she had any knowledge of a dollar bill.
The woman's 19-year-old son testified that he found a dollar bill on the floor near the front entryway to his mother's home. He said he put the dollar bill in his pants pocket. When his mother asked about it, he said he set it on the TV in the living room. The dollar bill was later seized by police.
The girl took the stand during the first day of testimony in the trial of 24-year-old Armando Orozco, who is charged with one count of first-degree kidnapping, which includes sexual assault as an element of the crime. If convicted of the class A felony, Orozco would receive an automatic sentence of life in prison without parole.
With a guardian ad litem by her side, the 7-year-old whispered into the microphone and nodded her head when questioned about the events of Dec. 22 by Assistant Woodbury County Attorney Drew Bockenstedt.
In opening statements, Bockenstedt said the defendant grabbed the girl from a swing, then took her to a one-bedroom apartment that he shared with his mother. In the bedroom of the apartment, Bockenstedt said, Orozco removed the child's clothing and forced sexual intercourse.
The defendant then gave the girl a dollar bill and told her that if she told anyone, he would kill her family, according to Bockenstedt.
During questioning of the girl, Bockenstedt asked, "Did you want to go to the apartment?"
"No," she answered.
The girl's great-aunt, whom she calls her "mom," testified that before she left to go Christmas shopping around 1:30 p.m. Dec. 22, she told her niece not to go to the park.
The woman's 19-year-old son, who was watching the girl and his infant daughter, testified that he gave her permission to go to the park that afternoon between 1:30 and 2:30 p.m. after they had a disagreement about what TV program to watch.
"She got mad and said she was going to the park," he said.
About 20 minutes later, the 19-year-old said, the girl returned to the house and sat on the couch with him in the living room.
"I grabbed her on the back of her neck, and she jumped like she was scared," he said. "I asked her what was wrong, and she said that someone raped her."
In his opening statement, Orozco's defense attorney, Alexander Esteves, told the jury that his client could not have committed the crime because he did not have time to drive from his girlfriend's home in South Sioux City to the park, take the girl, walk up two flights of steps, rape the girl and make it to work at John Morrell to punch in at 2:58 p.m.
"There's no way that my client could've done it," he said.
Around 2:30 p.m., the girl's great-aunt testified, she received a phone call from her son while shopping at Shoe Carnival. She said he told her that she needed to come home because something had happened to her niece.
The 19-year-old said he went outside to look for a blue car that the girl said the perpetrator had left in. He said the girl then took him and his mother's partner to apartment No. 7 at 901 Virginia St. He said his mother's partner and the girl climbed the stairs to the apartment and knocked on the door. When there was no answer, he said, his mother's partner told him to call police.
A recording of the 911 tape, which was played in court, revealed that the 19-year-old told a dispatcher that the girl said her assailant "left in a blue car."
The defense contended the victim's description of the suspect and the suspect's car do not match his client.
During cross examination, the girl nodded when Esteves asked her if the perpetrator was a "dark Mexican guy." She responded with "yes" when he asked if the man had a tattoo of a "man stabbing a little girl" on top of his left shoulder and if he had a "blackish-brownish car."
"You've got a lot of inconsistences," Esteves said in his opening statement. "The description of the car, the tattoos, my client in general. There's only got to be one reasonable doubt."
The girl's great-aunt testified that she received a second phone call from her son just minutes after receiving the first one.
"He said to get home. Some guy did something bad to (her)," she said.
When she arrived at her home, she said Sioux City police were there with her niece.
"I got out of the car and asked her why she went to the park," she said. "She was very pale and shaking. She looked frightened."
She said she took her niece to Mercy Medical Center, where an exam was conducted and the girl was interviewed. At the hospital, she said, Sioux City police Detective Heather Fleckenstein asked her if she had any knowledge of a dollar bill.
The woman's 19-year-old son testified that he found a dollar bill on the floor near the front entryway to his mother's home. He said he put the dollar bill in his pants pocket. When his mother asked about it, he said he set it on the TV in the living room. The dollar bill was later seized by police.
Story Comments
Read More and Post Comments 2 comment(s)
Please note: The following are comments from readers. In no way do they represent the views of The Sioux City Journal or Lee Enterprises. We will not edit or alter your comments, but we do reserve the right to not post or to remove comments that violate our code of conduct. No comment may contain potentially libelous statements; obscene, explicit or racist language; personal attacks, insults or threats. Terms of Service
Dillon wrote on Jul 24, 2008 9:32 AM:
praying for justice wrote on Jul 24, 2008 3:53 AM: