Reporter Sharon Montague can be reached at 822-1411 or by e-mail at smontague@salina.com.
Salina Journal
Speaking through a translator, Jesus Berriozabal told jurors in his rape trial Friday that he never had sexual relations with his girlfriend's young daughter and that he didn't know of the accusations against him when he left for Mexico to see his ailing father.
He said his relationship with his girlfriend's two daughters was not good and that his girlfriend was angry with him when he left Salina alone.
Berriozabal, 26, is accused of raping his girlfriend's 11-year-old daughter on July 4, 2006, and attempting to rape her three days later. Prosecutors allege that the second attempt was thwarted by the girl's older sister, who went to the house unexpectedly to retrieve her mother's cell phone and saw Berriozabal in his bed, naked, on top of the younger girl. Berriozabal faces charges of rape, attempted rape and two counts of aggravated criminal sodomy.
Testimony in the trial, which began Wednesday in Saline County District Court, concluded Friday. Jurors are to hear closing arguments from attorneys and begin their deliberations Monday.
They called him 'stupid'
Berriozabal, dressed in a dark suit, white shirt and tie, disputed much of the testimony given by other witnesses.
He said he didn't always have a good relationship with his accuser and her sister, who were living with him and their mother in July 2006. Berriozabal, who speaks Spanish, said the girls often made fun of him. He said they called him "stupid" when he attempted to speak English, and that they "raised their finger" at him and said "vulgar things," such as saying that he was gay. They also would argue with him when he told them to clean, saying he had no right to tell them what to do.
Asked if he sometimes made fun of the 11-year-old, Berriozabal said it was possible, but he didn't recall.
The girl testified earlier that Berriozabal sexually molested her on July 4, 2006, while her mother and sister were at the grocery store.
But Berriozabal testified that he hadn't been alone with the girl at all in 2006, and that every time their mother went to the store, both girls went with her. Before 2006, he said, he took care of the girl while her mother worked nights in Abilene.
Stories differ drastically
Berriozabal's memory of what occurred July 7, 2006 -- the day the girl's older sister said she saw Berriozabal naked on top of the younger sister -- differed drastically from what jurors heard from other witnesses.
Berriozabal said he received a phone call from a family member on July 4, saying that his father, who lives in Mexico, was ill. He said he told the family member to call again if his father got worse.
However, the 11-year-old testified that when he got off the phone on July 4, Berriozabal told his girlfriend that everyone in his family was fine.
Berriozabal said that, on July 7, he was at work at A Plus Galvanizing when he received a phone call from a family member in Mexico who said that his father was worse and that he should to go Mexico as quickly as possible.
Berriozabal said he left work about two hours early that day, without telling his supervisor or anyone else of the family emergency or his need for time off work. He was fired three days later for failing to phone or show up at work for three consecutive days.
Argument gets physical
Berriozabal said he went to his home and told his girlfriend of his plan to go to Mexico alone, and she became angry. The argument became physical, Berriozabal said, and his girlfriend told him that if he went to Mexico, all of his belongings would be gone when he returned.
Berriozabal said he had planned to take his girlfriend, her daughters and others with him to Mexico later that month, and he had been saving money for the trip. However, he decided to go alone, early, because of his father's illness.
Taking only two pair of jeans, a shirt and about $7,000 in cash he had saved, Berriozabal said he drove his car to Abilene. He left his car with a friend, then took a bus to Mexico.
Authorities contend that Berriozabal fled the country after being caught with the 11-year-old, and took a bus instead of driving all the way because he knew police would be looking for his car.
But Berriozabal said he didn't know of the allegations against him when he decided to take the bus.
Berriozabal didn't return to Salina until Sept. 12, and he was arrested about five days later.
He said he spoke to his girlfriend and brother, who lived in Abilene, almost daily for the first few weeks after he left Salina, but that he didn't learn until the end of July that his girlfriend's daughter had accused him of sexual assault.
The woman took her daughter to Salina Regional Health Center the evening of July 7, and police were called to the hospital.
Thousands in property
Several witnesses testified about property Berriozabal left in the Salina house he shared with the girls' mother, including several televisions, portable DVD players, video game systems, video cameras, tools and furniture. Berriozabal said the property was worth about $25,000.
Rebecca Unruh, whose mother once was married to Berriozabal, said that shortly after Berriozabal left Salina, she and others helped Berriozabal's girlfriend take the electronic equipment to a shed by the Unruh home and to a rented storage unit. Later, when Berriozabal's sister-in-law went to the house to get his clothing and discovered the items missing, Unruh said, the girlfriend called police and reported the items stolen.
Unruh said she was present when the girlfriend told police she thought Berriozabal had taken the items. Unruh knew at that time that the items had been placed in storage, but she said nothing to police.
Several pieces of furniture from the house, including a bed and stereo speakers, were taken to the Unruh home and are being used by the Unruhs. Unruh said Berriozabal has been to her home numerous times since he returned from Mexico, and he has seen the items.
However, Berriozabal testified that he has not seen any of the property he left in the house and doesn't know where the property is.
nReporter Sharon Montague can be reached at 822-1411 or by e-mail at smontague@salina.com.
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