Rutherford Father Who Admitted Sex Assaults Against Teen Sentenced to 15 Years NERA
By Mary K. Miraglia
HACKENSACK, N.J. (March 10, 2017) — A Rutherford father whose court-appointed attorney said he had “poor legal advice” was sentenced Friday, March 10 to 15 years in state prison after pleading guilty to five separate first degree aggravated sex assaults against his daughter, beginning when she was under the age of 13.
The dramatic courtroom hearing included testimony from the girl in a letter read by Assistant Bergen County Prosecutor Natalie Candela, with the victim sitting by her side.
Walter Rodriguez, 38, participated in the plea discussions but defense attorney Ilene McFarland said Friday she believed if he had competent counsel during the plea negotiations there would have been a different outcome. She asked Judge Margaret M. Foti to factor that into sentencing, and said 10 years would be more appropriate.
Foti, however, did not agree. In upholding the plea agreement, a practice Foti said she honors, she noted that Rodriguez has shown no remorse, nor accepted responsibility, for his actions.
“This victim is brave in coming here today. It is my hope she can go forward and live her life in a positive and productive way, and be the kind of parent she is. It took a lot of courage.
“I have had the experience of presiding over many sex assault cases,” Foti said. “Each time it is disturbing, upsetting. When I read his guilty plea stipulation and reviewed the acts committed by him against his own daughter — to say it was disturbing is putting it mildly. These acts between a father and daughter are unimaginably offensive, and unlawful. Such crimes must be discouraged for this and other defendants.
“Our children are our most vulnerable people in society. If their parents don’t protect them, who will?” the judge asked. “He has denied any real closure to this child, even to say “I’m sorry. Now when he has a chance to really look at her and do so, he refuses.”
Candela said the girl, now 17, has suffered immense emotional trauma and is now basically a ward of the state, with a newborn baby. “She has no wave of family, no support system, to take care of her and her newborn” Candela said. “She has to rely on herself. That is an immense responsibility, and beyond what we typically see here.”
Candela read the girl’s letter, that was addressed to her father.
“The only thing I want to say is I don’t hate you, but I don’t forgive you. I planned to travel back and forth between Ecuador and the United States, to be with my family. But because of what happened between you and me, no one in Ecuador looks at me the same, especially my grandma.
“Why did you bring me here just to hurt me? It turned out to be a miserable family. But today I am okay, and I am an amazing mother, and today I know what a real parent looks like.”
Candela said the victim wanted Rodriguez to serve the plea agreement of 15 years. He was charged with 11 counts altogether, including four third degree offenses of criminal sexual contact and second degree child neglect and impairing the morals of a child, in addition to the first degree aggravated sexual assaults.
Foti also made a point that Rodriguez refused to be evaluated at the Adult Diagnostic and Treatment Center at Avenel. And while she gave him credit for working hard as a bartender at the Stony Hill Inn to support his family, she said he has breached that duty now.
Rodriguez will have to serve at least 85% of his sentence under NERA, the state no early release act, which means almost 13 years. He has 692 days of jail credit, or about a year and eight months, that come off some he could be eligible for parole in a little over 11 years. He’ll be subject to Megan’s Law sex offender reporting and registry, parole supervision for life, and has a Nicole’s Law restraining order prohibiting contact with the victim or her child.
McFarland said because of his immigration status, “It’s a certainty he’ll be deported at the end of his term. He’ll never walk the streets of America again.”
