Ex-Coach Seeks to Alter Plea in Sex Case

A former volunteer wrestling coach at Moorpark High School, who pleaded guilty to having sex with a 14-year-old student before marrying her, said Thursday that he wants to withdraw his plea because prosecutors withheld key information from him.

Before 23-year-old Andrew Fonseca of Moorpark entered pleas to three felonies in July, the girl told prosecutors in writing that she would not testify, according to defense lawyer Jay Johnson.

But the girl’s declaration was never handed over to Fonseca’s former attorney -- but should have been, Johnson said.

“My client was denied effective assistance of counsel and due process because this information was not passed on,” Johnson said.

Johnson said Deputy Dist. Atty. Tamara Bogosian erred and acted in bad faith when she accepted Fonseca’s guilty plea without turning over the letter.

Bogosian could not be reached for comment. But her supervisor, Senior Deputy Dist. Attorney Lisa Lyytikainen, said prosecutors were not legally required to reveal the letter because state law allows sexual assault victims to abstain from testifying.

“She’s not required to cooperate,” Lyytikainen said. “And these types of cases ... can be prosecuted without that cooperation.”

Lyytikainen also said it seemed odd that the defense was unaware of the girl’s stance, since she has been in a relationship with the defendant most of this year and was in court with him when he pleaded guilty five months ago.

The girl, now 15, wed Fonseca recently in Las Vegas, attorneys said. Fonseca, who is free on $50,000 bail, appeared in court with the girl by his side Thursday. Fonseca was scheduled to be sentenced Thursday, but Superior Court Judge Kevin J. McGee said he must first consider the defendant’s request to withdraw his guilty pleas. A ruling is expected Dec. 13. Fonseca could be sentenced to fours years in prison. But probation officials recommend that he receive credit for several months served in Ventura County Jail and be placed on probation.

If the judge vacates the pleas, Fonseca plans to go to trial, Johnson said. He has previously admitted having unlawful intercourse with a minor, penetration with a foreign object and oral copulation.

Johnson said his client would consider a plea bargain that keeps him from having to register as a sex offender.