CAMARILLO : Judge Doesn’t Grant Molester New Trial

A Superior Court judge on Friday refused to grant a new trial to a Camarillo man convicted of molesting a 12-year-old girl who was enrolled in the Catholic youth program he directed.

Robert C. Rose will be able to raise the issue again Feb. 8, however, when Judge Kenneth Riley considers whether the defendant was harmed because the jury was given a police report by mistake during deliberations.

Rose, 49, was convicted of 10 felony child molestation charges involving the girl, who is now 14. She testified that she met Rose while attending religion classes at St. Mary Magdalen Church in Camarillo, and that eventually they began fondling each other in his car when he gave her rides home.

At the time, Rose was director of the church’s youth education program.

The girl testified that for several months she did not resist his sexual advances. But she eventually stopped the activity out of fear she would get pregnant if it progressed.

Defense attorney James Farley said Rose should get a new trial because he was irreparably harmed when a witness unexpectedly blurted out information the jury was not supposed to hear.

Farley also argued that the prosecution did not prove Rose violated a position of trust when he molested the girl, a special allegation that makes this a mandatory prison case. Riley ruled against Rose on that point as well.

However, the judge asked the attorneys to research what he should do about the jury being given the police report. The report was accidentally mixed in with evidence the jury was allowed to see, Farley said.

If he is not granted a new trial, Rose is scheduled to be sentenced Feb. 24. He faces a minimum of three years in prison.