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February 11, 2005
Father, Sons Indicted in Alleged Rape
New Mexico
A grand jury has indicted a Chimayó man and his two sons on 16 criminal counts connected to the alleged rape of an 8-year-old girl, a deputy district attorney said.
Joe Ortega, 45, of Chimayó; his stepson Joshua Romo, 20; and his son David Ortega, 17; all share identical criminal indictments in connection with the alleged rape of the 8-year-old, according to deputy district attorney Barbara Romo, who is no relation to Joshua Romo.
All three men were indicted Wednesday on two counts of criminal sexual penetration of a minor, eight counts of criminal sexual contact of a minor, two counts of kidnapping, one count of conspiracy to commit criminal sexual penetration of a minor, one count of conspiracy to commit kidnapping, one count of intimidation of a witness and one count of child abuse.
Romo has said there is evidence a gun might have been used by Joe Ortega to threaten the 8-year-old to keep her from telling her mom after the sexual abuse.
Romo added Thursday that "all three intimidated her in different ways."
Romo said the 8-year-old girl has indicated to authorities that the sexual abuse started in July.
Arraignments for all three charged in connection with the alleged rape are scheduled for next week. David Ortega, at 17, is a juvenile, but the state is filing intent-to-seek-adult sanctions against him.
During a hearing Jan. 28 in Santa Fe Children's Court, David Ortega entered a denial to charges connected to the alleged rape. David Ortega's attorney, David Graham, said the mother of the 8-year-old and Joe Ortega were in a romantic relationship and had a dispute. The mother of the 8-year-old fabricated the story about the rape as a result of the dispute, according to Graham.
"It happens all too often in a relationship," Graham said after the Jan. 28 hearing.
But an assistant district attorney said during the Jan. 28 hearing that the state has physical evidence that the 8-year-old was sexually assaulted.
According to court records, the mother of the 8-year-old first learned of possible sexual assault when she overheard Joe Ortega discuss a plan to "do" the girl with a companion who had brought heroin and condoms to the residence.
When the mother subsequently questioned the 8-year-old girl, the girl told her mother about the sexual abuse, according to court records.
Posted by Nealus at February 11, 2005 11:11 PM
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