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| 76 years to life for convicted rapist |
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| Written by John Saiz | Patterson Irrigator | |
| Saturday, 05 July 2008 | |
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MODESTO — A man found guilty of raping a 23-year-old Patterson woman in December 2006 received a 76-years-to-life sentence Wednesday, and his request for a new trial was denied. Stanislaus County Superior Court Judge Donald Shaver handed down the sentence against Genaro Anaya-Fernandez and declared the guilty verdict that a jury reached in February would stand. Police took Anaya-Fernandez back into custody as his family and loved ones looked on. Anaya-Fernandez’s lawyer, Cristobal Perez, retained by Anaya-Fernandez’s family after the guilty verdict, argued that his client received inadequate defense during the trial. Testimony from the victim, whose name has not appeared in public court documents, is not reliable, he said. Perez said the victim could have been on prescription medications that would have called into question her credibility. Along with questioning testimony of a key witness, Perez said testimony from Anaya-Fernandez’s ex-wife should not have been allowed. Anaya-Fernandez had previously been convicted on three counts of rape against her, and she testified about that attack during the trial. “The jury convicted him because of his past, not reliable evidence,” Perez said. He argued that because the first rape did not have the same telltale signs as the attack reported by the victim, it should not have been admitted in court. The first rape was a case of domestic violence, and Anaya-Fernandez did not hide his identity. In the Patterson attack, a jury determined that Anaya-Fernandez pretended to be a deliveryman and forced his way into a stranger’s home to rape her. Prosecuting attorney Annette Rees said the matter of letting in the previous rape conviction had been covered during the trial. She also argued that the jury had ample opportunity to gauge witness credibility for themselves. “The jury got to hear it from her mouth,” Rees said. To reach John Saiz at the Irrigator, call 892-6187 or e-mail him at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
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