Stacy Rodriguez and I have combined this to be our Petition instead of creating 2 separate petitions. Stacy is the mother of the other victims in this case.
My 2 year old daughter and Stacy's daughters along with several other minor girls were molested at a home based daycare. I have reason to believe that my daughter was only an infant when it started. All minor girls were molested by the caregiver's teenage son while in her care.
The teenager now 16/17 will be tried as a minor due to the first occurance happening when he was under the age of 14 years of old. He openly admitted to most of the allegations and several cases of him molesting minor girls while the minor children were under the care of his mother whom also had knowledge of the molestation.
With this petition we are requesting that this teenager be charged as an adult as he is now almost an adult and the most recent case involving our daughters was just this year, obviously the right from wrong factor is there for a 16/17 year old, and should be tried in such a manner, it has been said that he may walk away from this case without even a slap on the wrist; although he will have to register as a juvenile sex offender until he reaches the age of 18, he will not have to register once he reaches his 18th birthday, i want to make sure that this does not happen and that he be made to register not only as a juvenile sex offender but also that he register as an adult sex offender. The only way to accomplish this is if he is charged as an adult.
We want this to go to trial and have not only my daughters attacker brought to justice but I am also seeking justice for all the other minor children that he has molested through out the years, as the Adam Walsh Child Protection and Safety Act clearly states he should have to register into adulthood.
They are not trying him for what he did to my daughter because she is only 2 years old and she is unable to get on the stand to testify on her own behalf and he did not fully admit to what he did to my daughter. In August they arrested him to only let him out three weeks later under his own recognizance with the provisions that he not be allowed around other minor children, on September 4th (his release date) he posted on his facebook "God is on my side :)"
I assume this kid has no remorse for what he did. He is just simply happy he is getting away with what he did to these children.
There may be many other victims out there and we are asking that you please help me keep this teenager behind bars for what he did to these little girls and if not behind bars that he atleast have to register as a sex offender past his 18th birthday.
We am asking that all 50 states incorporates the Adam Walsh Act and that all 50 states incorporate this law as it was intended to be. The Adam Walsh Act limits the years that the minor has to register past his 18th birthday as a sex offender depending on the tier in which his sexual offenses fall on and what tier they charge him with. At one point Nevada Federal Court stated that the Adam Walsh Act was unconstitutional. I am asking that Erin's law be passed in all 50 States as well. Should our kids not be preinformed of the dangers that lurk within their own peers and adults.
I can guarantee that these victims will not have the same sentence as their perpetrator for it will effect them for the rest of their lives while this teenager boy will only serve a minimal sentence and move on with his life like nothing has happened.
This teenager is also an illegal immigrant that has petitioned for the Dream Act and also has a family petition submitted. If not convicted this teenager will be allowed to receive a legal status and continue to hurt other children.
We are asking that you please help me be the voice for all the victims involved. We appreciate your help in advance.
UPDATE: As of our last hearing of 10/23/12: DA Shelly Scott has agreed to a plea bargain of 1 count of lewdness with a minor, he will not have to register as a sex offender because the DA states that the Adam Walsh Act is completely on hold, straight through in the state of Nevada. She stated that sometime late December 2011 or Early in the year 2012 the laws were changes. Really my research shows Nevada to be compliant with the Adam Walsh Act but its on hold???? I'm confused. Not to mention that they have not disclosed in the court that there are multiple vicitims in this case. I am well aware that the additional victims were brought to the detectives attention, because I and the other family involved disclosed such information.
Are the DA and the Defense Attorney working together? It sure does seem like it. I have tried keeping my composure but I'm pretty much at the last limb of my patience. Not only has the Reno Police Department done so poorly in the case, I do have to say that AT THE VERY LEAST they finally approached the case with the older children. It took them approximately 3 months to follow through with the REPORT. Had there been any evidence at all when the reports were made, they would be clearly not visible after 3 months. Why have they not taken action against the mother, Martha Gutierrez? She clearly knew about what her son was doing but yet she did not commit a crime by enabling the sexual assault upon these children. From my understanding her knowledge of such actions, is currently a part of her son's Criminal Complaint. Why should she not pay for taking part in the crime as well. She continued to leave the children alone with her son without the parents knowledge. I for sure wasn't aware of it until the older victims spoke about it.
The minor sex offender confessed to the crimes he committed, but yet the DA isn't following through in proceeding to get justice, just a case. I am furious at the mishandling of this case. If I were to confess on a crime I did not commit I certainly would be behind bars. Clearly the laws were not made to get justice for the victims, they were made to bargain with the criminal. As in this case they have put aside what is in the best interest of these children. The testimony of the older victims in this case have been set aside as well as for if they were taken into consideration they would convict this minor perp to a much higher sentence that just a minor sex offender treatment but if he completes his treatment his crime will be DISMISSED. You mean to tell me that the DA is agreeing to DISMISS the charges of his lewdness with a minor as long as he completes a poorly structured sex offender treatment? Therefore leaving NO RECORD of his crime???? YES that is exactly what has been agreed upon the DA and the Defense Attorney.
As Child Sex Assault Survivors we are well aware that the there is no treatment for sex offenders. In this case he will be a repeat offender. Our daughters and these other children are getting a life sentence and yet this perp is getting a slap on the hand. Really?
The Judge stated that it is not in the Courts jurisdiction to make such changes that I am requesting in my petition. So in who's hands is it in? The DA and the Defense Attorney? And you mean to tell me that is justice??? The Defense Attorney will do anything legally to get his client off. It's not about proving whether or not this perp committed the crimes, but finding loop holes in the system to avoid sentencing the perp at all costs and well if you can get a GREAT DEAL from the DA like he has gotten why not go for it. THE LAW does not require for the DA to agree to a plea bargain. What better plea bargain than this: DISMISS ALL THE SEX ASSAULT CHARGES (RAPE); DISMISS ALL BUT ONE LEWDNESS WITH A MINOR (MOLESTING), COMPLETE A SEX OFFENDER COURSE AND ALL CHARGES GET DISMISSED AT THE DATE OF COMPLETION. Why not just dismiss the whole case in its entirety. That is pretty much what is being done.
All the charges that he was Originally Facing were all within the Adam Walsh Act and the DA stated in court that the Adam Walsh Act did not apply??? Clearly the system has failed these victims.
If this had happened to the child of a police officer, an officer of the County, State, Government or Federal Government, the DA, any Judge, etc.; the perp would be facing maximum penalty.
My heart breaks for ALL children that have had to face child sexual crimes, and have had a system or family that have failed them. Our school systems should have programs in place to talk to our children about sex assault prevention or if they are a victim of sexual assault that they speak up and be believed. ERIN is attempting to get her Law passed to make this awareness system a reality for our children. The Adam Walsh Act was passed to keep these predators from getting a slap in the hand. Both are extremely important to keep our children safe from predators.
I have contacted ALL state officials as well as Federal Officials, All News Media along with anyone else that will hear our VOICE!!! We will continue passed the sentencing of this Perpetrator to make a change for future victims!!!!
We hope that all who are against Child Sexual Abuse join my cause. We appreciate your help in advance.
Margarita Rodriguez and Stacy Rodriguez (Mother's of the victims in this case)