In the appeal of his convictions, Joe Alvarado of Fullerton didn't contest that he'd raped, sodomized and used his 10-year-old stepdaughter as his sexual servant for nearly two years.
But Alvarado wants everyone to know he would never use pornography to muddy a little girl's mind.
In 2010, an Orange County jury accept a prosecutor's argument otherwise and convicted him on numerous sex crimes, including supplying porno to a minor.
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Superior Court Judge Gregg L. Prickett then announced a prison sentence
of 388 months plus a substantial bonus. When he's done
serving those 32 years, he'll have to serve another 60 years.
Translation: He will be 132 years old when he gets his first chance to return to society.
This
week, a California Court of Appeal based in Santa Ana considered
Alvarado's complaint about the pornography conviction: the porn was for him, not the girl.
The appellate justice weren't convinced.
“Clearly,
Alvarado forced himself on [the girl] and watched pornography while
having sexual intercourse with her to gratify his own sexual desires,”
Justice Richard Fybel wrote in a 7-page opinion. “Was Alvarado's intent also to entice her? . . . We
conclude that from the evidence, a reasonable jury could draw the
inference Alvarado showed the pornography to the victim with the intent
to seduce her.”
Alvarado didn't protest any other count.
Case closed.
–R. Scott Moxley / OC Weekly
CNN-featured investigative reporter R. Scott Moxley has won Journalist of the Year honors at the Los Angeles Press Club; been named Distinguished Journalist of the Year by the LA Society of Professional Journalists; obtained one of the last exclusive prison interviews with Charles Manson disciple Susan Atkins; won inclusion in Jeffrey Toobin’s The Best American Crime Reporting for his coverage of a white supremacist’s senseless murder of a beloved Vietnamese refugee; launched multi-year probes that resulted in the FBI arrests and convictions of the top three ranking members of the Orange County Sheriff’s Department; and gained praise from New York Times Magazine writers for his “herculean job” exposing entrenched Southern California law enforcement corruption.