A 2010 Orange County jury sided with prosecutors and Irvine police that Imade Jati molested and raped his own daughter hundreds of times beginning when the girl was nine years old and in the third grade.
Jati then appealed to the California Court of Appeal based in Santa Ana that his public defender, Scott Belasco, had been a terrible advocate because he'd sided with prosecutors and failed to advance a mitigating factor: Jati claims he was sensitive to preventing his daughter's pregnancy by pulling out and ejaculating on her stomach or in his hand.
We haven't witnessed this degree of selflessness since Donald Trump suggested voters should elect him president.
Not surprisingly, state appellate justices were disgusted by the ejaculation explanation and, after failing to find any merit to his complaints, decided to uphold the conviction in 2011.
Now, an angry, imprisoned Jati has gone to federal judges to argue that his trial was a travesty of justice.
His claims include that his lawyers at the trial and appellate stages were grossly incompetent and a veteran Irvine detective, Matt Ricci, tricked him into giving incriminating statements when he was ignorant about his right to remain silent during government interrogations.
He's particularly upset that he didn't know cops can flat-out lie their butts off and manipulate a suspect, and judges have long held the tactics legally permissible.
In a pre-arrest, police arranged phone call, Jati's daughter asked her father if he would promise to stop having sex with her and he said, “Absolutely, absolutely.”
Police, prosecutors, judges and jurors erroneously concluded that his answers during the recorded call equated to admissions he'd serially raped his daughter, he asserted.
He and his daughter liked to engage in fictitious role playing, Jati explained.
His daughter resented that he'd cheated on her mother with another woman and sought revenge, he also stated.
As a result of an inability to see this version of reality, he says fact-bending criminal justice officials gave him a “slow death sentence” for sex crimes he did not commit.
Inside Orange County's Ronald Reagan Federal Courthouse, U.S. Magistrate Judge Arthur Nakazato recently concluded that Jati's claims “lack sufficient evidentiary support” and ignore the prosecution's chief, damning piece of evidence: his daughter's convincing testimony about the incest.
Nakazato noted, “[Jati] makes no credible attempt to refute his daughter's testimony that he put his fingers in her vagina 'more than 100 times' and 'penetrated her vagina with his penis' at least an additional 100 times.
Upshot: This 57-year-old father will continue to serve his 80-year sentence inside Ironwood State Prison.
As he fears, he will most likely never take another step in freedom.