VANGUARD COURT WATCH: Sexual Abuse Case Fills a Court Room

by Alexandra Rose

On the morning of Monday March 18, 2013, in Department 2 of the Yolo County Superior Court, the sexual abuse case of Julian Marquez was set to start under the Honorable Timothy L. Fall.

Julian Marquez was charged with 10 counts of lewd and lascivious acts with a minor and 1 count of attempting to commit lewd and lascivious acts with a minor.

The trial began when the People of California called Julian Marquez’s sister, Juanita, to the witness stand.

Juanita is one of the victims in this case.  She began her testimony by explaining the details of her first sexual encounter with her brother Julian.  At age 7 or 8, Juanita said that Julian lifted her out of bed, laid her on the floor, took off her shorts and top so that she was naked, got on top of her, and rubbed his naked body on hers.  She also noted that Julian said, “This is our secret.  Don’t tell anyone,” and she didn’t.

Juanita explained that these sexual encounters continued once or twice a week at night and in the early morning.  The sexual acts progressed to the spreading of her legs, finger touching, and eventually sexual intercourse.  Juanita claimed that Julian started ejaculating during intercourse when she was 8, only using a condom once.  Since she said she did not open her eyes to acknowledge that he was there, her observations were based on what she heard and physically felt.

Later in the morning, another of the Marquez sisters, Loretta, took the witness stand.  At age 6, she experienced her first sexual encounter with her brother Julian.  He said that he would give her something that he made at school if she lay on the bed and let him pull down her pants.  Loretta said that Julian pulled down her pants and underwear and got on top of her.  She said she could feel his flesh in her groin area.  She thought it was a game.

When Julian got off of her and pulled her pants and underwear up, he told her that it was their secret.  The same type of conduct also occurred a second time.  The third time that this happened, Juanita was sharing the bed with Loretta.  It was late at night, and when Julian was on top of Loretta, Juanita woke up and started making noises.  It was the last time that Julian and Loretta had a sexual encounter.

The next day, Juanita questioned Loretta as to what was going on and if she and Julian had had sexual encounters.  Loretta confided in her older sister, and this gave Juanita the strength to approach her mother at age 10.

When Juanita and Loretta went to their mother, whom they saw a mere once or twice a year, they told her of the sexual abuse that they had endured from their brother Julian.  Unfortunately, one of their older sisters who was present in the room that day said that Julian would never do such a thing and called the two liars.  The mother left the room, and the subject was not brought up again.

Testimony continued after the morning recess.  Juanita stated that she began to menstruate when she was 13 years of age.   Even after Julian discovered this during one of the sexual encounters, he still continued to sexually abuse her thereafter.

Juanita became pregnant at age 14, and when she gave birth in August, her mother gave the newborn up for adoption.

The interesting part of this is that in mid-December, she had been having unprotected sex with her boyfriend while still being forced to have sexual intercourse with her brother Julian.

When Juanita was asked why DNA tests were not done on the child, she simply responded that those types of tests were unavailable back in 1969.  As of now, a DNA test still has not been done.

If the tests are administered and the results show that Julian Marquez is the father, Juanita’s testimony could be confirmed by scientific evidence, thereby helping prove Marquez guilty of the charges beyond reasonable doubt.

Molestation case ends in two day trial

by Antoinnette Borbon

The second and final day of the state’s case against Marquez, who was charged with 10 counts of lewd and lascivious acts with a minor and one attempt, continued on Tuesday. He has been accused of molesting his sisters around thirty years ago, then molesting his daughter and, more recently, a granddaughter.

Judge Timothy Fall, presiding over the court trial, heard, from viewing the interrogation video conducted by Detective Tate of the West Sacramento police department, somewhat of a confession to the charges.

Even though the defendant openly admitted to touching his granddaughter ten times, it was not clear in the video whether or not he understood nor was he asked to specify to the detective the type of touching he had done.

He stated in the interview that he knew he had done wrong but it was many years ago and he could not remember – except for the more recent account with his granddaughter. He talked about the prior years of molestation with his sister and daughter, but stated it was over thirty years ago.

Detective Tate seemed to be painting the scene and then probing the defendant to admit to the charges. He even tried to use the tactic of having the defendant write an apology letter, as police often use in cases to get an admission of guilt. It was also unclear why the defendant did not have an attorney present.

Afterward, a witness testified to hearing what the granddaughter had told her once while in her presence. The female witness stated the granddaughter told her she had been touched by her grandfather, the defendant, on several occasions, but he never penetrated her.

Defense Attorney Martinez, private counsel, put his client on the witness stand. He began asking him about the incidents in question.

Mr. Marquez talked about how in the past he did do things with his sister and daughter, admitting he had done wrong but he did not want to remember those bad things. He told the court he has been in counseling with his congregation and has repented of those sins. He stated the elders are praying for him.

He admitted he has no idea where the fantasies come from but has been trying not to think in that way. But when asked about the incidents with his granddaughter, he states he did touch her but only did it in a wrong way about four times.

It appeared he did understand right from wrong, but still exuded a low level of intelligent thinking and understanding.

He was asked if he had ever written letters of apology, and he stated, “no.”

After his testimony, closing arguments began. Prosecuter Brockmire reiterated the admissions, on the defendant’s own, and stated that he did know what he was doing and it was clear he was lying about not remembering things or the truth, and as she pointed out, “His truth has changed over and over again.”

When the defense attorney, Mr. Martinez, closed, he told the court that even though the defendant seemed to be telling a lie he was not, he just could not remember certain events as they were so long ago. He also added that the defendant was not some monster like he was painted out to be, and he wanted to put those things behind him.

He pled with the judge to find his client “not guilty.” Court adjourned briefly.

As we entered the courtroom, Judge Fall had reached his decision. He carefully went over the charges and credible witnesses, along with the evidence in this case.

He then ruled the defendant guilty on 1 thru 5 counts of lewd acts with a minor, and one attempted act, but dismissed counts 6 thru 10, stating “insufficient evidence.”

Judge Fall set the date of April 23, for sentencing in his courtroom.

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