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  Judge Rules Cortes Sodomy Case Can Proceed

Contra Costa Times
October 23, 2009

http://www.contracostatimes.com/california/ci_13627237?nclick_check=1

There was more than enough reason to hold the Rev. Antonio Cortes for trial on charges of engaging in sodomy with a minor and possessing child pornography, a judge ruled this morning in a courtroom packed with the priest's supporters.

Judge Larry Hayes rejected a motion by Cortes' defense attorney, Eugene Martinez, who argued prosecutor Rolando Mazariegos failed on multiple levels to provide probable cause to hold the priest during a June 4 preliminary hearing before Judge Terrance Duncan.

Hayes dismissed each of Martinez's arguments and ordered Cortes to return to court Nov. 13, when his co-counsel will attempt to suppress evidence against Cortes. Miguel Hernandez will argue computer hard drives that were seized from St. Mary of the Nativity Church in Salinas, where Cortes was pastor, were not included on the search warrant that was served.

According to testimony, police found hundreds of pornographic images depicted on the hard drives. According to the titles of the electronic files and police testimony, the images depicted boys as young as 8 years old.

Cortes, who is suspended from his priestly duties, is free on $100,000 bail and living with a family in his parish.

 
 

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