Rubicel Aguilar Perez is outraged by the conduct of veteran Orange County sex crimes prosecutor Karen Schatzle.
During his 2010 trial, Perez took the witness stand and claimed that he didn't attempt to rape his sister-in-law in 2007 because another person took care of him sexually.
"I have my wife," said Perez.
The prosecutor fired back: "And your daughter."
Defense counsel objected and Superior Court Judge James Edward Rogan ruled the statement legally out of line because it was "argumentative."
Now, Perez wants his conviction overturned based on Schatzle's alleged prosecutorial misconduct.
Accusing a father of having sex with his daughter normally would fit into the outrageous category.
But not in the case of Perez, who shared a one bedroom Santa Ana rental house with his wife, three children and eight other people.
In 2008, Perez's 11-year-old daughter got pregnant, which prompted everyone--including a weepy Perez--to wonder aloud how on earth this could happen.
Perez even speculated that sperm resting on a toilet seat must have somehow entered his daughter's vagina because he was positive the girl had not had sex with anyone.
But DNA testings proved that Perez was 200,000 times more likely the father of his daughter's baby than any other male on the planet.
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In her closing argument, Schatzle suggested that only "a disgusting" father would have sex with his own daughter, which was another statement Perez found highly objectionable.
But this month a California Court of Appeal based in Santa Ana sided with the prosecutor, rejected the appeal and left intact the punishment: a term of 21 years to life in prison.
--R. Scott Moxley / OC Weekly