May 12, 2015

"You will pay for this when you get out " a minor victim's father tells the man in court who got a plea deal and probation for molesting his daughter

A letter read in court by DDA Zack Curtis for the minor victim, tearful testimony by the victim's mother and a warning by minor victim's father after a plea deal and probation sentence is handed to a man who had sex with his own cousin.


This man lived in the victim's house, was helped by the victim's family. Candido Pena stood in court with his attorney Mr. Russ Clanton. A Spanish interpreter translated as Pena heard Judge Miles read his waivers and the sentence which was a part of the agreed plea deal and the victim's family testify.

The resolution was discussed with the family and explained by DA Maggie Fleming in my previous post. Basically because he got a "a clean 288.1" report by Dr. Renouf and that was a condition of the plea, he got probation instead of prison.

 It was very emotional in the courtroom and even I had a hard time fighting tears as I listened to the victim's pain and the parents  testify. They spoke in Spanish, which was then translated into English and the translation does not do justice to the original words and meaning.

"My experience for what happened to me for the last six years" is how Jane Doe's letter started. "I was scared and shy. I did not know what was happening to me. I would stay at home and not go to school so I could tell my mom."

But Jane Doe wrote she couldn't tell her mom. Her letter was a series of date chronicling the difficult decision to come forward about the abuse.

"I would have nightmares that he would do this to my sister." She wrote about how she kept the defendant away from her sister.

"I was scared that he would take me away and I would never see my family."

"On December 1, I told my sister and that day my life changed."

On February 4, she wrote, "I have been crying for two days. I just want this to be over. I want to leave Eureka and never come back. Too much crying, too much suffering. I don't know what to do. So much is happening. Every night I cry and say why? I always hold my tears so my parents say she is brave but I can't anymore. I've fallen and I cannot pick myself up."

"Going to court, I wanted to scream at him and ask him, 'Why did you do that?' But I didn't. There are three things I want: for him to say the truth; move from Eureka; and say goodbye to my godfather at his grave."

"I just want to move from Eureka, meet new people and be happy."

"I didn't want anyone to get hurt. This is breaking this family. At a party, few people looked at me, I didn't care. I have been told and I know now that this isn't my fault. Some people have been so rude. This is for him and for his family so they know I am suffering too. This stays with me for the rest of my life. He did something wrong. It came out after several years."


"This is very difficult for me," said the victim's mother and she sobbed throughout as she spoke. "This year has been very difficult. I have suffered so much. Because of his fault, I have lost my family and my beautiful girls. He was a part of my family. He occupied my house, ate at my table. I cannot forgive the man for what he did to my daughter but I have to be strong for my daughter. The priest and God have given me strength. I want him to pay for what he did to my daughter."

The father was very angry as he spoke. He said he could not believe that someone who is family could do this, addressing Pena, he said, "You are going to pay for this when you get out. When was I bad to you? I helped you. You will pay for this when you get out. We will point out to friends what you did. Your children will find out what their father did to his own cousin. If you are a man, say something. This kind of human being should not be here. He did damage to a innocent, defenseless person. You are worth shit."

Pena will have to register as a sex offender. He may have to wear an electronic monitor. He is not "allowed to associate with any female under the age of 18 unless accompanied by a responsible adult and with permission from the probation officer. He has to pay for his sex offender management counseling, victim resitution, fines and gave up certain privileges regarding polygraph and psychotherapy confidentiality.

Previous posts:

johnchiv.blogspot.com/2015/04/candido-pena-awaits-sentencing-for.html
http://johnchiv.blogspot.com/2015/03/motion-to-withdraw-candido-penas-guilty.html
http://johnchiv.blogspot.com/2015/03/people-file-opposition-to-withdrawl-of.html
http://johnchiv.blogspot.com/2015/02/defendant-pena-pleads-guilty-to-penal.html

This is not a case any other media was aware of or covered but these are the kind of cases I cover every day and why I do daily coverage.

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