MOORPARK : Trial Ordered in Molestation Case
A 22-year-old Moorpark man was ordered Friday to stand trial on charges that he molested a 12-year-old girl after kidnaping her as she walked home from Chaparral Middle School in November.
Deputy Public Defender Todd W. Howeth, who represents defendant Roberto Magdaleno, said his client will be arraigned Jan. 28 in Ventura County Superior Court. Magdaleno, who is charged with five counts of child molestation, has pleaded innocent.
Howeth said the girl accused Magdaleno of taking her to an unoccupied home and attacking her on Nov. 1.
The defendant was arrested several hours after the girl reported the incident. An earlier preliminary hearing was postponed after prosecutors refused to put the girl on the witness stand to testify against Magdaleno.
Under state law, victim testimony is not required at preliminary hearings, Howeth said. Victims are required to testify only at trial.
Prosecutors eventually agreed to let the public defender question the girl out of court, but the victim still refused to talk to him, Howeth said. Friday’s hearing was held without her testimony.
“The law is designed to protect victims of crime,” Howeth said.
Deputy Dist. Atty. Rebecca Day, who is prosecuting the case, could not be reached Friday.
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