Sanchez admitted to molesting the child on more than 150 occasions
over a three-year period.
over a three-year period.
The preliminary hearing for Jason Ray Sanchez, 34, Ada, was continued Monday in Pontotoc County District Court before Judge John David Miller.
Sanchez was bound over for trial after Judge Miller declared the earlier testimony of the alleged victim was probable cause to bring this case to trial.
Sanchez was originally charged on five counts including lewd molestation, rape in the first degree, rape in the second degree, rape by instrumentation and sodomy.
According to a court affidavit filed by Ada Police Detective Tracy Jackson, Sanchez was arrested after a minor child told officials the child had been molested by Sanchez on several occasions.
In the affidavit, Jackson said Sanchez admitted to molesting the child on more than 150 occasions over a three-year period. In part two of this hearing, the defense called Jackson to the stand. Billy Vandever, Sanchez's attorney, questioned Jackson’s interview techniques and asked him why he did not inform Sanchez of his Miranda Rights before the interview in which Sanchez allegedly confessed.
Jackson said there was no reason since Sanchez was not under arrest and was only being interviewed. Jackson said Sanchez was there of his own free will and was free to leave at any time.
Vandever indicated that since Sanchez did not have a ride home he was not there of his own free will and felt he had to be there. Jackson’s response was that Sanchez could have walked home.
Jackson stood by his interview techniques under intense questioning by Vandever. After the defense rested, Assistant District Attorney Jim Tillison asked Jackson several questions, including whether or not he forced Sanchez to go to, or stay at the police station. Jackson’s answer was no.
The defense argued that Jackson failed to read Sanchez his Miranda rights, so the confession should be thrown out. Judge Miller disagreed and said earlier testimony by the alleged victim supported probable cause on 22 counts to issue a bind-over order.
Judge Miller read the 22 counts aloud, which included nine counts of lewd molestation, six counts of rape in the first degree, three counts of sexual abuse of a child, three counts of forcible oral sodomy and one count of sexual abuse of a child.
Tillison asked Miller to raise Sanchez’s bail because of the bind-over order. The defense argued that Sanchez was not a flight risk and Miller agreed. Sanchez remains free on bail. A formal arraignment will begin March 27 at 9 a.m.
The preliminary hearing originally began on Jan. 10, 2008. The defense wanted to postpone the start of the hearing in January because Jackson was not in court that day.
The judge denied the defense request because Jackson had an acceptable reason for not being in court.
Miller also said it would be unfair to the alleged victim who was ready to testify. In a trembling voice, the child recounted the alleged molestations and cried several times during the testimony.
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