.........Sarah Tofte
The trial of a man accused of breaking into a Santa Cruz family's home and molesting a 3-year-old girl in 1998 will start Wednesday, almost 10 years after the alleged attack.
Jason Seth "Albion" O'Connell, now 37, waived his right to a jury trial Friday. The court trial, which Judge Jeff Almquist will preside over, begins Wednesday morning and is expected to end by Friday.
O'Connell allegedly broke into the family's Blaine Street apartment in November 1998 and molested the little girl. The girl's cries awoke her parents and her father fired a round from a .45-caliber handgun at the attacker as he fled, but the shot missed its mark.
Police suspected O'Connell based on evidence he'd left in the home - including a leather jacket - but despite a nationwide manhunt and an FBI arrest warrant, O'Connell eluded authorities for years.
In August 2006, O'Connell was named a suspect in three attempted molestations of little girls in Oregon and appeared on "America's Most Wanted." He was arrested in October 2006 when authorities in Redding connected him to an FBI wanted poster.
O'Connell was convicted in Oregon of trying to molest three girls - two 5-year-olds and a 7-year-old - and identity theft. He was sentenced to 10 years in state prison, then sent back to Santa Cruz in May to face the decade-old charges here.
O'Connell is accused of four counts of child molest, one count of aggravated sex with a child and one count of burglary. He faces life in prison if convicted, according to District Attorney Bob Lee. The court trial process means Almquist, not a jury, will review evidence and reach a verdict. "We're going to apparently be submitting this case on statements from witnesses," Almquist said in court Tuesday afternoon. It's expected attorneys will agree to use police reports instead of live testimony during the trial, he said. That change means O'Connell and his attorney will have fewer chances to challenge statements and will not be able to cross-examine witnesses. Almquist did point out to O'Connell that the type of trial "increases the likelihood that you will be convicted because you've given up your right to cross-examination." When Almquist asked O'Connell if he thought that would be in his best interest, O'Connell responded, "Yes, sir." O'Connell has pleaded not guilty to all the charges. He will call one witness - a doctor - in his defense. That testimony is expected Wednesday afternoon. No one, either in support of O'Connell or from the girl's family, appeared in court Tuesday. Police said last year that the girl and her family moved out of Santa Cruz the year after the attack, though they have kept in contact with investigators and it was possible the girl, now 12 years old, would have testified had the case gone before a jury. Regardless of the outcome of the court trial, O'Connell will return to Oregon to serve the remainder of his prison sentence there.
who is already on the sex offender registry
..........Sarah Tofte, Human Rights Watch
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