Pedophile Protection League: Our Society & Courts
Appeals Court Overturns Jerome Man’s Sex Abuse Conviction
MagicValley.com: Sep. 6- Alison Gene Smith https://isc.idaho.gov/opinions/CASTRO.pdf
JEROME • A Hazelton man’s 2012 conviction on charges he sexually abused two girls were thrown out this week by the Idaho
Appeals Court. On Tuesday, the court vacated four charges of sexual abuse of a minor against Marvin G. Orellana-Castro and sent
the case back to Jerome County District Court. Orellana-Castro argued District Judge John Butler made an error denying his motion to
have a separate trial for each alleged victim. He also argued the court excluded evidence to show an alternate cause for one of the
girl’s psychiatric symptoms that prosecutors said were caused by sexual abuse. In 2011, Orellana-Castro was charged with two counts
of lewd conduct and two counts of sexual abuse of a minor girl, and two counts of sexual abuse of another minor girl. The jury found
him guilty of sexually abusing each girl, but was hung on the lewd conduct charges. At the trial, prosecutors presented evidence that
one of the girls had psychological symptoms that were caused by the trauma of sexual abuse. Orellana-Castro testified that he did not
sexually assault either girl, who were both relatives. He called a number of witnesses who testified about his good character and
others who said one of the girls was lying. He also showed evidence that the girl’s psychological symptoms could have been caused
by sexual molestation by another person. Orellana-Castro argued that he should get two trials, one for each alleged victim, because
they were alleged to have occurred at different times and did not “show a common scheme or plan.” He also said using evidence of
allegations by one victim to prove he abused the other victim was against Idaho evidence rules. Judge Butler disagreed and said the
two victims could be part of the same trial because they were part of one “scheme or plan.” The appeals court decided that joining the
two cases together was improper. “The state’s allegations offer no reason to believe that Orellana-Castro consciously planned his
conduct or that his molestation of one victim was part of a criminal design to molest the other. One could infer that Orellana-Castro
simply intended to opportunistically molest the female children he had access to,” the court wrote in its opinion. “While repugnant, such
intent does not justify joinder.” The court also wrote that the prosecutor’s evidence in the case was not “overwhelming.” One girl
testified Orellana-Castro raped and sodomized her and the other said he inappropriately touched her, but there was no physical
evidence to back up the testimony. Because the cases were heard at the same time, the jury heard potentially inadmissible evidence,
the court wrote. The court decided it could not say beyond a reasonable doubt that the jury would have found Orellana-Castro guilty of
abusing one girl if they didn’t hear the other girl’s testimony against him. The court also said evidence of another possible source of
one of the girl’s psychological symptoms was relevant. “The state is in no position to contend that Orellana-Castro’s evidence of a
different sexual assault, as an alternative cause of the symptoms,
My Comment: Typical of the United States of Satan raped & sodomized children suffer their entire lives until death. It’s not just a physical rape; it is a Spiritual Rape of the Soul lasting their whole lives. For people to take the side of the predator shows they are clearly aligned with Satan. Definitely Sympathy for the Devil is real. The main tenet of Satanism is rape and torture of children. People who defend child rapists are aligned with Satan.
