Grass Valley man held to answer in alleged sexual assault
November 9, 2012
A Nevada County Superior Court judge found sufficient evidence to hold a Grass Valley man to answer on charges for allegedly sexually assaulting his neighbor.
Juan Rosales Resador, 38, allegedly entered the woman's apartment in the 200 block of Washington Street at about 2:30 a.m. Sept. 23, possibly through an open patio door.
During a preliminary hearing into the evidence Tuesday morning, the woman testified that she was sleeping in the master bedroom of her apartment with her husband on one side and her infant son on the other side of her in the bed.
She said that she woke up to feel someone touching and then pulling on her underwear and sat up to see Resador on her bed with his head 2 to 4 inches from her genitals.
"I was in shock," she said. "It was completely unexpected."
The woman, who was not identified in court, testified she told Resador to get out. She said she did not scream because she was worried about what her husband might do to him.
On cross-examination, she said that she was not concerned for Resador's safety but about what would happen to her husband if he hurt the other man.
According to the woman, Resador left the room, and she followed him to find him standing outside the open patio door.
"He apologized," she said. "He said he had been drinking."
He then left the apartment by the front door, she said.
The victim testified she woke her husband to tell him Resador had been in the house; Resador later came by the apartment again and spoke to her husband, she said.
Resador had been the couple's neighbor for about a year and had been in the residence about a dozen times, she said.
The woman testified that she found a pair of Resador's shoes in the hallway, which had not been there earlier. She added that she had put them outside, even though there was an evidence photo of the shoes in the hall. According to the victim, Grass Valley Police Officer Brian Blakemore had replaced them in the hallway so that the photo could be taken.
Blakemore, however, testified that the victim had put the shoes back in the hallway because it was an evidentiary issue.
"This is a highly unusual case," said Nevada County Deputy Public Defender Jody Schutz.
"The victim seems sincere in her statements, but the facts as presented seem almost fantastical."
Schutz cast doubt on her client being able to break in through a balcony and assault the victim without anyone else in the house waking up, all with a blood alcohol content of 0.16.
Deputy District Attorney Jennifer Ow, however, argued it was more implausible to believe the victim woke up at 2:30 a.m. and decided to make up such a story, plant evidence and call the police.
Visiting Judge Ersel Edwards held Resador to answer on charges of residential burglary with a person present, attempted oral copulation of an unconscious person and attempted sexual battery as a misdemeanor. He will be formally arraigned Nov. 19.
To contact Staff Writer Liz Kellar, email email@example.com or call (530) 477-4229.