Palatine man sentenced to 16 years for abuse

Baldomero Garcia's contact with Cook County's judicial system began with a mistrial, was followed by conviction, and concluded with a prison sentence.

His first trial for the 2008 sexual assault of a 5-year-old ended in a mistrial in April, after jurors deadlocked after 12 hours of deliberation. His second trial concluded with convictions on two counts of predatory criminal sexual assault following jury deliberations that lasted a little more than an hour.

On Tuesday, Cook County Circuit Court Judge John Scotillo sentenced the 29-year-old Palatine man to two consecutive eight-year terms, for a total of 16 years, saying “crimes of this nature are repulsive and an indication of cowardice.

Police arrested Garcia in April 2008 after the victim told two female relatives that he had molested her several times over two months. The victim testified at both trials.

Prosecutors introduced into evidence Garcia's confession, which was prepared in English by an assistant Cook County state's attorney, but which was translated into Spanish by a Palatine police officer and read to the defendant, who does not read or speak English. The officer testified that Garcia also has limited ability to read and write in his native Spanish.

Cook County Assistant Public Defender Larry Kugler repeatedly questioned the validity of a statement prepared by someone other than the defendant, in a language he doesn't understand. Kugler also questioned why police relied on the services of a Spanish-speaking officer instead of obtaining an impartial interpreter for his client.

Former co-worker Alvero Mancilla testified on behalf of the defendant during Tuesday's sentencing hearing, saying Garcia was a good person who “always got along with everyone.

Mancilla also testified that he taught Garcia how to write his name, saying Garcia never went to school.

Citing the victim's age and the position of trust that Garcia held with her, prosecutors requested a lengthy sentence.

“She was 5 years old, small in stature and quiet, but still had the courage to testify in front of 12 strangers about what happened to her, said Cook County Assistant State's Attorney Mike Clarke in his summation.

Despite her size and age, “her voice cried out quite loudly, said Clarke, who told the court that what Garcia did will likely remain with her for the rest of her life.

Kugler cited Garcia's work record and his lack of criminal background in requesting a minimum sentence of 12 years. Scotillo could have imposed a sentence of up to 60 years. Speaking on his own behalf, Garcia said that his parents taught him to respect everyone and that he tried to follow their advice. Pointing out his lack of a formal education to the court, he seemed to suggest that it made him something of a child, too.

“They want to punish me for something... I don't know why, he said.

Garcia received credit for about 2½ years he has spent in custody since his arrest. He must complete 85 percent of his sentence before he is eligible for parole.