News
Incompetent representation, and a jailhouse boast by another man, mean Jonathan Rodriguez, convicted last fall of kidnapping and sexually assaulting a 14-year-old girl, deserves a new trial.
That's the argument put forth in a motion filed Tuesday by Roseville attorney Monica Lynch, who had been appointed to review the case after Rodriguez, of Grass Valley, requested a new trial. The hearing has been set for 9 a.m. July 14.
The victim, who was babysitting five children inside a home in Union Hill east of Grass Valley, testified during the trial that Rodriguez held a knife to her throat at one point and cut her bra off before removing her clothes and assaulting her in June 2008.
Rodriguez's court-appointed attorney, Gary Gordon, tried to raise doubts in the minds of jurors, including the minimal physical evidence tying Rodriguez to the scene.
Rodriguez claimed he had lied during his interrogation, in which he appeared to insinuate the sexual contact was consensual, and that a friend, Travis Kneebone, was at the house with him and was the probable assailant.
New information about a possible suspect involves Kneebone, Lynch wrote in her motion.
Kneebone allegedly discussed the case with another inmate while he was in county jail about 18 months ago, before the trial, making statements that appeared to implicate him.
“Travis said he didn't want to get in any more trouble, he was getting away Scott-free and slipped away without anyone seeing him,” the inmate told an investigator.
Kneebone also said he was “worried someone was talking and going to drag him back into it,” in a conversation that allegedly took place about six months after the assault.
The inmate said he did not realize Kneebone was talking about Rodriguez until much later, Lynch wrote.
The bulk of the motion for a new trial centered around the “ineffective assistance of counsel.”
Gordon failed to present DNA evidence that could have helped Rodriguez, because a sample taken from Rodriguez's nails contained no DNA from the victim, Lynch said.
Gordon also failed to object to a videotaped statement at trial and failed to argue that statements made by Rodriguez out of court were inadmissible.
Inconsistent statements by witnesses, including law enforcement and the other children present in the home, should have been highlighted during cross-examination, Lynch argued.
A jury of five women and seven men had taken less than two hours Nov. 17, 2009, to find Rodriguez guilty on all counts in the attack, including kidnapping with the intent to commit a sexual offense, sexual penetration with a foreign object, committing a lewd act on a child 14 or 15 years old who was more than 10 years younger, first-degree burglary and resisting arrest.
He also was found guilty of using a weapon and committing the sexual penetration during the commission of a burglary and kidnapping.
Rodriguez faces a maximum of 50 years to life in prison.
To contact Staff Writer Liz Kellar, e-mail lkellar@theunion.com or call (530)477-4229.
That's the argument put forth in a motion filed Tuesday by Roseville attorney Monica Lynch, who had been appointed to review the case after Rodriguez, of Grass Valley, requested a new trial. The hearing has been set for 9 a.m. July 14.
The victim, who was babysitting five children inside a home in Union Hill east of Grass Valley, testified during the trial that Rodriguez held a knife to her throat at one point and cut her bra off before removing her clothes and assaulting her in June 2008.
Rodriguez's court-appointed attorney, Gary Gordon, tried to raise doubts in the minds of jurors, including the minimal physical evidence tying Rodriguez to the scene.
Rodriguez claimed he had lied during his interrogation, in which he appeared to insinuate the sexual contact was consensual, and that a friend, Travis Kneebone, was at the house with him and was the probable assailant.
New information about a possible suspect involves Kneebone, Lynch wrote in her motion.
Kneebone allegedly discussed the case with another inmate while he was in county jail about 18 months ago, before the trial, making statements that appeared to implicate him.
“Travis said he didn't want to get in any more trouble, he was getting away Scott-free and slipped away without anyone seeing him,” the inmate told an investigator.
Kneebone also said he was “worried someone was talking and going to drag him back into it,” in a conversation that allegedly took place about six months after the assault.
The inmate said he did not realize Kneebone was talking about Rodriguez until much later, Lynch wrote.
The bulk of the motion for a new trial centered around the “ineffective assistance of counsel.”
Gordon failed to present DNA evidence that could have helped Rodriguez, because a sample taken from Rodriguez's nails contained no DNA from the victim, Lynch said.
Gordon also failed to object to a videotaped statement at trial and failed to argue that statements made by Rodriguez out of court were inadmissible.
Inconsistent statements by witnesses, including law enforcement and the other children present in the home, should have been highlighted during cross-examination, Lynch argued.
A jury of five women and seven men had taken less than two hours Nov. 17, 2009, to find Rodriguez guilty on all counts in the attack, including kidnapping with the intent to commit a sexual offense, sexual penetration with a foreign object, committing a lewd act on a child 14 or 15 years old who was more than 10 years younger, first-degree burglary and resisting arrest.
He also was found guilty of using a weapon and committing the sexual penetration during the commission of a burglary and kidnapping.
Rodriguez faces a maximum of 50 years to life in prison.
To contact Staff Writer Liz Kellar, e-mail lkellar@theunion.com or call (530)477-4229.
