Outrage in Arkansas and Important interview
Posted on Wednesday, April 30, 2008
A Springdale man accused of raping an underage girl claims his confession to police should not be allowed at trial because he speaks limited English and had no translator. Jesus Dominguez, 33, of Springdale has been charged with two counts of rape. He is accused of molesting a now-16-year-old girl several times beginning when she was 5. Prosecutors are expected to amend the charges to include additional counts of rape before the case goes to trial. Dominguez, also known as Jesus Dominguez-Vasquez, faces separate charges of failure to pay child support. Both cases were set for trial on May 1 but will be rescheduled. A hearing on the motion to suppress the statement to police will be scheduled and completed before a new trial date is set, according to court officials.
“ Although (Dominguez ) was born and educated in Mexico and has only limited ability to communicate in English, an interpreter was not provided at any time... including that portion of the interview when (he ) was advised of his Miranda rights, ” the motion states. Dominguez answered the detective’s question with the single word “ yeah” 24 times in the 19-page transcript of the interview with Fayetteville police, the motion states. His response was completely or partially inaudible 19 times. These brief or inaudible responses indicate his limited capability to substantially understand the questioning conducted entirely in English, the motion states.
Police: Confession OK Fayetteville police provide interpreters when suspects ask for one or if it appears to officers that a suspect needs one, said Lt. Jamie Fields of the Police Department’s Criminal Investigation Division. Dominguez did not ask for an interpreter or appear to need one, she said. “ We are confident with this case as far as his statement goes, ” she said. “ We had every indication he spoke English. ” Fourth Judicial District Deputy Prosecuting Attorney Terra Stephenson said before conducting the interview police had learned from the suspect’s family and co-workers that he spoke English. The Miranda warning was explained to Dominguez, and he signed it, she said. “ Police and prosecutors take Miranda warnings very seriously, ” she said. Stephen Taylor, Dominguez’s attorney, would not discuss the specifics of the motion or the case, but he said the need for translators during police interrogations is a “ big change around here. ” “ We are going to have to deal with it more and more, ” Taylor said. Dominguez is currently being held in the Washington County Detention Center on a $ 100, 000 bond for the rape charges and a $ 2, 500 bond on the charge of failing to pay child support. Nabbed at border Police had been searching for Dominguez since 2004 when he was captured in late October at a border checkpoint as he was traveling from Mexico into Texas. was on an - ing warrant for a charge of failing to pay child support and was extradited to Arkansas. Physical evidence Police reports show that the rape case against Dominguez is not limited to the confession, that physical evidence backs up the allegations. The accuser first reported the incident to police three years ago, according to a preliminary arrest report. She told officers that Dominguez had raped and sexually assaulted her for several years. She also said that Dominguez threatened her against telling her mother and occasionally bribed her with money. An exam performed by a sexual assault nurse examiner revealed damage and past trauma to the victim’s genitalia. Dominguez said he may have given the accuser money to prevent her from telling anyone about the encounters, according to the report. A mental heath evaluation of Dominguez has been ordered in the case, according to court records.
The story fails to mention the immigration status of Dominguez or the mother. We also don't know if Dominguez getting legal help from the ACLU, the Mexican Consulate or some other pro-illegal group. The media appears to be downplaying the illegal immigration issue of this story.
On Thursday, Bill O'Reilly from the FoxNews Channel will interview Presidential Candidate Hillary Clinton. Among the topics discussed will be illegal immigration.
As far we can tell, there won't be any May-Day amnesty protest in Arkansas. If you happen to find one, please let us know.