Orozco gets life for abduction, rape
By Dolly A. Butz, Journal staff writer | Posted: Saturday, September 13, 2008
SIOUX CITY -- A Sioux City man was sentenced today to life in prison for abducting a 7-year-old girl in December from Mid-City Park and raping her in a nearby apartment.
In July, a jury convicted Armando Orozco, 24, of one count of first-degree kidnapping. The kidnapping charge includes sexual assault as an element of the crime.
District Court Judge Duane Hoffmeyer gave Orozco the automatic life sentence after denying motions filed by the defense for a judgment of acquittal and a new trial.
Orozco's attorney, Alexander Esteves, argued that the victim's removal from the park was incidental to the sexual assault and that jury instructions did not adequately set forth the terms and conditions regarding the kidnapping aspect of the case.
"I think the state's evidence proves at most sexual-abuse second," he said.
Esteves said Orozco should be granted a new trial because the jury saw an e-mail from a state DNA criminalist that was not properly vetted into evidence. He also said that jurors ignored his client's presumption of innocence and the court's instructions that the prosecution has the burden of proof.
Before Orozco was sentenced, Esteves told Hoffmeyer that the evidence the state presented during the trial, in his opinion, does not warrant a life sentence. He also noted that his client has no significant criminal record.
"I say it's not up to me. It's up to you, judge," Orozco said when asked by Hoffmeyer if he had anything to say.
Hoffmeyer said he would impose a life sentence because of mandatory sentencing requirements, the nature of the crime and for the protection of the community.
Orozco said he would appeal his conviction.
In addition to the life sentence, Orozco was also ordered to pay courts costs, surcharges and restitution to the victim in an amount to be determined, and to submit to DNA profiling. He is not allowed to have any contact with the victim.
In July, a jury convicted Armando Orozco, 24, of one count of first-degree kidnapping. The kidnapping charge includes sexual assault as an element of the crime.
District Court Judge Duane Hoffmeyer gave Orozco the automatic life sentence after denying motions filed by the defense for a judgment of acquittal and a new trial.
Orozco's attorney, Alexander Esteves, argued that the victim's removal from the park was incidental to the sexual assault and that jury instructions did not adequately set forth the terms and conditions regarding the kidnapping aspect of the case.
"I think the state's evidence proves at most sexual-abuse second," he said.
Esteves said Orozco should be granted a new trial because the jury saw an e-mail from a state DNA criminalist that was not properly vetted into evidence. He also said that jurors ignored his client's presumption of innocence and the court's instructions that the prosecution has the burden of proof.
Before Orozco was sentenced, Esteves told Hoffmeyer that the evidence the state presented during the trial, in his opinion, does not warrant a life sentence. He also noted that his client has no significant criminal record.
"I say it's not up to me. It's up to you, judge," Orozco said when asked by Hoffmeyer if he had anything to say.
Hoffmeyer said he would impose a life sentence because of mandatory sentencing requirements, the nature of the crime and for the protection of the community.
Orozco said he would appeal his conviction.
In addition to the life sentence, Orozco was also ordered to pay courts costs, surcharges and restitution to the victim in an amount to be determined, and to submit to DNA profiling. He is not allowed to have any contact with the victim.
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TDC wrote on Sep 13, 2008 2:02 PM: