Try Teen in Rape Case as Juvenile, His Lawyer Urges

The lawyer for a 14-year-old boy accused of robbing and raping boys at knifepoint near their Anaheim junior high school said Friday that her client should be treated like the “little boy” he is rather than an adult criminal.

Jose Avina, who could face life in prison if convicted of rape and robbery, is believed to be the youngest person ever charged as an adult with rape in Orange County.

“This case is a tragedy for all involved,” said Deputy Public Defender Shelly Aronson. “This is just a child, a little boy. Putting him in adult court is giving up on him.”

Avina’s arraignment, which had been set for Friday, was postponed until Jan. 21 to give his attorney more time to prepare. He remains in Santa Ana City Jail on $1-million bail.

Aronson, who was assigned the case one week ago, said she has not received all the reports related to the case and could not comment on the charges.

In court Friday, Avina was kept in a screen-enclosed cubicle with other defendants. Standing during his three-minute hearing, Avina buried his chin in his orange jumpsuit to avoid the six news cameras pointed at him from across the courtroom.

He raised his head only once, when instructed to by Judge Roger B. Robbins.

Avina’s mother attended Friday’s hearing but did not speak with reporters.

In an earlier interview, Matilda Avina said her son would never sexually assault another boy. She also said that because he was in Juvenile Hall on other charges during at least two of the alleged attacks, he could not have been the perpetrator.

The charges against Avina stem from four incidents over several weeks in October and November. Boys walking to and from Ball Junior High School say Avina approached them at Ball Avenue and Euclid Street and asked them for money while threatening them with a knife. In two cases, he allegedly took the boys into a nearby alley and sexually assaulted them.

Avina lives between the intersection and the school. He attended Ball before being expelled last year, his mother said.

He has since been taking part in an independent study program.

Avina’s lawyer said her priority now is getting the case sent to the juvenile justice system, which she said provides more psychiatric treatment and rehabilitation than adult jails.

“Whether these charges are true or not, he doesn’t belong in the adult system,” she said outside the Fullerton courthouse. “You can salvage children. You don’t throw someone away.”

The judges who will handle the case have opportunities before the trial starts to overturn prosecutors’ decision to try the case in adult court.

Deputy Dist. Atty. Kal Kaliban pledged to keep Avina in the adult system for trial, saying his alleged crimes warrant serious treatment.

“His actions aren’t what you expect of a 14-year-old, and we should treat him accordingly,” Kaliban said. “Boys pick on boys, but we don’t see boys kidnapping boys and sexually assaulting boys at age 14.”

He said other evidence corroborates the alleged victims’ claims. “The police exhausted every avenue to make sure they had the right person on the right charges,” the prosecutor said. “I’m confident they do.”