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Man Accused of Groping at LDS Party Gets Trial Date

Daily Herald
October 12, 2011

http://www.heraldextra.com/news/local/crime-and-courts/article_29727d8a-c3f2-5079-a829-347a8793cd25.html

PROVO -- A man accused of groping an adolescent girl at an LDS children's activity is headed to trial after a judge bound over one of his charges Tuesday.

Jose Ortega, 30, will stand trial beginning Nov. 14 on one count of sex abuse of a child, a second-degree felony. Ortega pleaded not guilty to the charge at the conclusion of a preliminary hearing Tuesday.

During the hearing, Ortega's accuser described what began as an apparently typical church gathering. She and several friends were at the activity, she told the court, and at one point Ortega dumped a bucket of water on her. When she tried to reciprocate and dump water on him, he fled, then grabbed her and fondled her breasts, she said.

The girl went on to say that in the days following the incident, she saw Ortega "staring" at her and "mocking" her.

"I'm scared to walk alone because maybe he'll show up," she said.

Though Judge Claudia Laycock decided Tuesday that the girl's testimony was enough to proceed with Ortega's sex abuse charge, she dismissed a class A misdemeanor stalking charge. Laycock said that Ortega's encounters with the girl following the alleged molestation seemed "coincidental" and not intended to alarm, scare or harm her.

Ortega was arrested less than two weeks ago but has invoked his right to a speedy trial. That invocation required Laycock to rearrange her schedule to fit Ortega's two-day trial. Most defendants waive their right to a speedy trial, resulting in cases that take months or years. Ortega's, by comparison, will wrap up within 45 days of his arrest.

After Ortega entered his plea Tuesday, his lawyer and prosecutors also spent time arguing about his bail. Prosecutor Craig Johnson said Ortega has an immigration hold and might be deported if he posted bail and was released. Over the objections of defense attorney David Heier, Laycock agreed and raised Ortega's bail from $7,500 cash or bond to $10,000 cash-only.

Ortega's case also has sparked an investigation into his LDS bishop. According to police, the alleged victim claims to have reported the abuse to her and Ortega's mutual bishop. The bishop, however, has claimed that he only received a vague report that "something happened," then he encouraged the girl to talk to her parents.

Ecclesiastical leaders are required to report sexual abuse to authorities when they learn of it through a potential victim, and the bishop could face charges if police determine he failed to properly report the incident. Provo police were still investigating the incident Tuesday and have not charged or identified the bishop.


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