State v. Roca

866 So. 2d 867, 2004 WL 51785
CourtLouisiana Court of Appeal
DecidedJanuary 13, 2004
Docket03-KA-1076
StatusPublished
Cited by34 cases

This text of 866 So. 2d 867 (State v. Roca) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Roca, 866 So. 2d 867, 2004 WL 51785 (La. Ct. App. 2004).

Opinion

866 So.2d 867 (2004)

STATE of Louisiana
v.
Cesar ROCA, Sr. a/k/a Cesar Balari.

No. 03-KA-1076.

Court of Appeal of Louisiana, Fifth Circuit.

January 13, 2004.

*869 Paul D. Connick, Jr., District Attorney, Juliet Clark, Terry M. Boudreaux, David Wolfe, Thomas Block, Assistant District Attorneys, Gretna, LA, for State.

Prentice L. White, Baton Rouge, LA, for defendant-appellant.

Panel composed of Judges SOL GOTHARD, SUSAN M. CHEHARDY and CLARENCE E. McMANUS.

CLARENCE E. McMANUS, Judge.

Defendant, Cesar Roca, Sr. a/k/a Cesar Balari, appeals his conviction and sentence on two violations of La. R.S. 14:42 (aggravated rape and aggravated rape of a juvenile), a violation of La. R.S. 14:43.4 (oral sexual battery of a juvenile) and a violation of La. R.S. 14:81.2 (molestation of a juvenile). For the following reasons, we affirm his conviction and sentence and remand this matter for further proceedings.

STATEMENT OF THE CASE AND FACTS

E.B.[1] was fifteen years old at the time of trial and was born on December 28, 1986 in Sonora, Mexico but later moved to San Diego, California when she was two years old. E.B. first met defendant when she was five years old after defendant and her mother developed a relationship while in San Diego. Later E.B. and her mother moved with defendant from San Diego to Kenner, Louisiana. At that time, E.B. thought of defendant as a father and referred to him as "papa." After moving to Kenner, E.B.'s mother worked various housekeeping jobs and, as a result, a babysitter took care of her. After a period of time, defendant undertook the responsibility of caring for E.B. while her mother was working because he worked at the same building in which they lived.

E.B. stated that her relationship with defendant was initially good but that it later changed. When she was six or seven years old, she recalled an incident when she watched television in defendant's room and played "horsey" with him. When E.B. fell off of defendant's back, defendant exposed his penis and told her, "Don't be scared. I'm going to teach you." She got scared and ran out of the room. Shortly after that incident, defendant began touching her vagina and chest on numerous occasions. Defendant inserted his fingers into her vagina initially not using lubricant but later put something from a glass jar on his fingers. She recalled experiencing a small amount of vaginal bleeding and pain when she urinated. E.B. stated that defendant made her touch his penis with her hand and mouth on several occasions.

E.B. also said that, when she was eight or nine years of age, defendant for the *870 first time put his penis inside of her vagina. E.B. remembered on another occasion while watching television that defendant came into the room and told her he was "going to teach her about it." Defendant proceeded to take off her clothes and put his penis inside her vagina. E.B. stated that it hurt very badly and that she was crying. Defendant told her that she should not cry because the neighbors might hear her. Defendant also told her that she should not tell anyone about what happened because no one would believe her and that everyone would leave her. E.B. related defendant continued to have sexual intercourse with her until she was thirteen years old. During that period of time, defendant would have sex with her in both the house and in his office. When having sex with her in the office, defendant would put a closed sign in the window to prevent people from entering. E.B. noted that defendant told her that having sex with him would teach her a lot about life and that it was her duty to obey him.

She also recounted one occasion when after she and defendant watched a show about animals on television, defendant wanted to show her how animals did it on the back. He then took off her pants and put his penis in her "butt." E.B. testified that it hurt very badly.

Upon taking sex education in school and learning about incest, E.B. felt bad about herself. That same day, she went home and began defacing photographs of herself because she felt so dirty. Defendant discovered what she did to the photographs and was very angry. Later that evening, defendant came into her room and asked her if she was going to do her duties she responded "no." E.B. testified that she began to cry and later that evening told her mother what defendant did to her.

A few days after telling her mother, E.B. and her mother flew to California to stay with an aunt. While there, E.B. was examined by a gynecologist whom she told about the continuous molestation. E.B. also told police officers in California and eventually Detective Larry Dyess of the Jefferson Parish Sheriff's Office what defendant did to her.

Defendant's daughter, Gisela Chevalier, stated that she was originally born in Havana, Cuba and that she did not meet her father until she was thirty years old. She came to the United States after her father filed a petition with the United States government to have her brought to the country as a child of a U.S. citizen. Upon arriving in the United States, she lived with defendant, his wife, daughter, D.R., and youngest son, Robert Roca, at their Kenner home. Chevalier related that, prior to moving to the United States, she heard rumors of sexual misconduct involving defendant and D.R. While living in the Kenner home, defendant addressed the rumors by stating that he had a consensual sexual relationship with D.R. when she was fourteen years old. Shortly thereafter, Chevalier moved out of defendant's home without reporting the incident to police. In the summer of 1992, defendant returned to Kenner with C.B. and E.B. and moved into an apartment across the street from her. Chevalier stated that she developed a close relationship with C.B. and E.B. but in 1994 lost contact with them due to a business dispute with her father. However, in February of 2001 C.B. asked her to contact the Jefferson Parish Sheriff's Office concerning the allegations against defendant. Chevalier subsequently spoke to Detective Larry Dyess and informed him that defendant told her he had a consensual sexual relationship with her half-sister, D.R.

*871 Detective Larry Dyess of the Personal Violence Unit of the Jefferson Parish Sheriff's Office followed up an investigation conducted by detectives in California. He interviewed E.B. and reviewed the California reports and obtained a warrant for defendant's arrest. Defendant denied any inappropriate activity with E.B. Detective Dyess was contacted by Chevalier who informed him of a second victim, D.R. Detective Dyess met with D.R. who told him that she was sexually assaulted by defendant when she was a child. Thereafter, Detective Dyess booked defendant on the additional charge.

On May 3, 2001, a Jefferson Parish Grand Jury indicted defendant, Cesar Roca, Sr., a/k/a Cesar Balari, on count one, aggravated rape in violation of La. R.S. 14:42; count two, aggravated rape upon a known juvenile under the age of twelve in violation of La. R.S. 14:42; count three, aggravated oral sexual battery upon a known juvenile in violation of La. R.S. 14:43.4; and count four, molestation of a juvenile in violation of La. R.S. 14:81.2. On May 8, 2001, defendant was arraigned and pled not guilty to the charges.

Thereafter, defendant filed several pretrial motions including a motion to sever count one of the indictment. Defendant's motion to sever was heard and denied on July 8, 2002. Additionally, the State's previously filed Notice of Intent to Use Evidence of Other Bad Acts to Show Knowledge, System and Intent was heard and granted.

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Cite This Page — Counsel Stack

Bluebook (online)
866 So. 2d 867, 2004 WL 51785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roca-lactapp-2004.