Lengthy Delay or Mistrial Possible in ROTC Sex Case

By recanting some key statements in the sexual molestation trial of a former ROTC director at Redondo Union High School, the alleged victim has paved the way for a lengthy delay and a possible mistrial in the case.

Because the young woman testified that she had picked the wrong date for one of the days she was allegedly molested by retired Marine Master Gunnery Sgt. Allen Roth, the district attorney’s office must amend the criminal complaint against the 65-year-old defendant. Roth’s attorney is allowed up to 30 days to respond to the complaint--forcing a potentially lengthy stay in the trial.

Torrance Superior Court Judge Francis J. Hourigan will hear arguments this morning before ruling when the trial will resume. However, if enough jurors cannot return to the trial at a later date, Hourigan may be forced to declare a mistrial.

The former cadet, wavering under a volley of sharp questions from Roth’s attorney, changed several statements she had made to police--statements that ultimately led to sexual molestation charges against Roth. The woman, now 18, testified that she guessed at the dates of the alleged sexual acts at an earlier court hearing and admitted that she gave police false information when she said she was repeatedly raped by Roth.

In one case, defense attorney Tony Capozzola noted, the teen-ager changed the date of the first alleged sexual incident several times before settling on June 22, 1988. He said she also made a calendar entry about their relationship on June 31--a date that does not exist.

Despite the inconsistency in detail, however, the teen-ager insisted that they had sex five times while she was a minor.

Roth is charged with four counts of oral copulation with a minor and one count of unlawful sexual intercourse with a minor. If convicted, he faces more than five years in prison.