Teen rape charges dismissed
Charges were dismissed yesterday against a
47-year-old man accused of impregnating his girlfriend’s 13-year-old
daughter because prosecutors cannot prove the forcible rape took place
within county borders.
The girl told authorities Miguel Campos
Salazar picked her up from her mother’s San Jose home earlier this year
and attacked her at a trailer park thought to be in Redwood City. With
her memory a bit shoddy, though, the location cannot be proven beyond a
reasonable doubt. Prosecutors dismissed the charges based on the
jurisdictional uncertainty just shortly before they were scheduled to
prove the case’s evidence before Judge Carl Holm.
While the discovery takes the case out of
the county’s hands, it does not free Salazar. The case was handed over
to the Santa Clara District Attorney’s Office yesterday afternoon for
review. San Jose police arrested Salazar at the San Mateo County Jail at
3:57 p.m. yesterday and he was transported to that county’s jail.
Although authorities cannot pinpoint the
site of the alleged attack, they can use the San Jose starting point of
the mother’s home to establish jurisdiction.
The Santa Clara District Attorney’s Office
will decide what, if any, charges against Salazar will stand. While in
local custody, he was charged with three felony counts of sexual
assault. He pleaded not guilty to forcible rape, committing a lewd act
on a child under 14 and committing an act of unlawful sexual
intercourse. He is also facing the special allegation of inflicting
great bodily injury because of the pregnancy. If convicted of all
charges, Salazar faces 11 years in prison.
As first reported in the Daily Journal Oct.
6, Salazar was arrested Oct. 4, two days after the girl gave birth to a
baby girl in San Jose via an emergency Caesarian section. The girl
claimed not to know she was pregnant and had complained of abdominal
pains. She was 30 weeks pregnant and the pains were identified as labor.
DNA tests are being done to confirm the
baby’s paternity but prosecutors assume Salazar is the father.
Salazar gave his address at the jail as
East Palo Alto. He had been in custody in lieu of $500,000 bail.
Michelle Durand can be reached by e-mail:
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