Jury Selection Underway in Sexual Assault Trial
Monday, September 24 2012
Jury selection began Monday in the trial of two men accused of sexual assault. Diego Mayuyo, 48, and Ismael Balallo, 45, allegedly attacked a woman in her Unisea bunkhouse in March.
Both men are charged with sexual assault in the second degree, which is punishable by up to ten years in prison. Balallo is also charged with one count of sexual assault in the first degree, which is punishable by up to thirty years in prison.
Defense attorneys Kevin Boots and Krista Maciolek asked potential jurors a variety of questions, including whether it’s possible to give consent while intoxicated and whether they would hold it against the defendants if they didn’t testify. The jury selection process will continue Tuesday.
Superior Court Judge Patricia Douglass will preside over the trial.
Just Saying... on Saturday, September 29 2012:
Listen, the questions asked by the attorney’s, “Whether it’s possible to give consent while intoxicated and whether they would hold it against the defendants if they didn’t testify,” is asking for just a yes or no answer, one of the harder, more incriminating, and falsehearted ways of getting an answer that fits what you’re looking for, a kind of self-righteous question, really. The real question should be, “Whether it’s possible to give consent while intoxicated, at any level, and be aware of what you’re consenting too?” For example, if a (1) drink was consumed, is that considered being intoxicated, for some yes, for some, no! If after that one drink, someone asks you a question, are you then giving consent? Are you aware of what you are consenting too, or are you so oblivious to what you’re consenting too? I believe one can give consent while intoxicated, however, I also believe dependent on the level of one’s intoxication, would the one be aware of what they were consenting too.
I still hold firm on the age of reasoning, regardless of juvenile court etc. It is my, and only my opinion, that juvenile court is a first chance opportunity for kids to see what can really happen first had if crimes are committed., and nothing more. If you do not have the basic understanding between right and wrong, and do not have reasoning skills to know the difference, they maybe that needs to be looked at separately.
The accusation is not forcible rape but, sexual assault. There is a difference. As I said before, there is a lot at risk for one night of stupid, for all involved. Whether the evening was of consent or not, whether the level of intoxication was beyond loosing awareness or not, there is a little voice in everyone’s head that says, um stop what you’re doing, this is not right. If you continue, well, the let justice ring, for all parties involved.
another joe again on Wednesday, September 26 2012:
I actually have a seven year old kid and see many other children around that age. 7 years old is not the age of at reaching reasoning. It really is about 18 years old. That is why there is a juvinal court.
another joe on Wednesday, September 26 2012:
Tripule U: I guess what you are trying to say is people "that are proven guilty under a court of law"
should be put to work rather then just put in prison/jail. Yes sounds like a good idea but you sure could have posted that in a better way.
Yes we are supporting people proven guilty with our taxpayers money. Putting people in jail/prison is very expensive. Free food, shelter, health care, etc, etc.
Co-incidently CNN brought up something that was interesting. Our Country USA is spending far more money on our jail/prison system then we are spending on our childrens education/schools system!
TripleU on Tuesday, September 25 2012:
Tie them all to a circular turbine. We look at wind power, ocean tidal power, geothermal power - Too expensive and too many maintenance problems. Take all our Felonious prisoners and tie them to a large circular turbine - THAT is paying for your crimes against Humanity - You must give back - produce electricity for food water and life....No more putting inhumane individuals inside heated cages and spending tax payers monies on food and shelter - make them pay for their crimes against humanity - otherwise we are supporting these scum with our taxes, and that is no real deterrent.
Joseph Smith on Tuesday, September 25 2012:
"Just Saying..." Are you serious? The accusation is of forcible rape, not just "she was intoxicated." That victim will have to live with this for the rest of her life. Every time she does anything or is in any relationship this will be with her, in her mind and body. Rape is one of the worst crimes there is. With murder the victim is not around to relive the horror that was thrust upon them, with rape the pain does not relent.
Just Saying... on Tuesday, September 25 2012:
This is sad and disturbing. The punishment is high for a night of stupid. They say the age of reasoning is reached at 7 years, sounds like there needs to be so re-schooling. Maybe 10-30 years will work. If found guilty, that is.
Why would you want to put yourself in a situation such as this? Who is really to blame? It will be interesting to see how the truth unfolds.