ER - Sentencing continued in statutory rape trial

Sentencing continued in statutory rape trial
by Kara Machado, 5/21/2007

Nate Robin Garza’s sentencing was continued Monday in order for his attorney to properly communicate Garza’s probation report to him.

Garza’s attorney, Humboldt County Chief Conflict Counsel Glenn Brown, initially told Humboldt County Superior Court Judge Timothy Cissna on Monday that he was requesting a one-week continuance for a couple of reasons.

One of the reasons, Brown said, is that the defense “received the probation report and I did go over (to the jail) to discuss it with Mr. Garza.”

“He had received a copy, but could not read it,” Brown said.

For more than an hour one day, Brown said he slowly read a portion of the report but could not finish it.

Due to Brown’s other new cases, he said, he has not had time to go back and finish reading the report to Garza so Garza could fully understand it.

Also, Brown said he has received several letters written in support of Garza.

Due to a conflict with Humboldt County Deputy District Attorney Jeffrey Schwartz’s schedule, Cissna ultimately continued Garza’s sentencing until June 4.

Garza was arrested Feb. 19, almost one year after being arrested in connection with the March 2006 Whitethorn kidnapping/rape case.

His recent case stems from “consensual” sexual relations with a then-16-year-old girl — referred to as “Jane Doe” — between Dec. 20, 2006, and Jan. 5, Schwartz said.

Initially, Schwartz said, Garza was charged with — and pleaded not guilty to — nine counts of felony sodomy with a person under 18, eight counts of felony unlawful sexual intercourse and two counts of oral copulation with a person under 18.

At the end of April, Garza, 22, accepted a plea agreement on new crimes that ultimately violated probation he received from the Whitethorn case.

Schwartz said Garza pleaded guilty to one count of unlawful sex with a minor — “which is commonly known as statutory rape” — one count of unlawful oral sex with a minor and also admitted his probation violation.

When sentenced, Schwartz said, Garza faces a maximum prison sentence of “four years, four months” or a “minimum penalty of probation.”

At Monday’s proceedings, Kenneth Campbell, an uncle of Doe’s, spoke before the court, as he was not able to return to speak at the continued sentencing date. He asked Doe to leave the courtroom prior to speaking.

An emotional Campbell said Doe was “very open” about what occurred between her and Garza and described Garza as “a danger to society, particularly to females.”

“Mr. Garza would humiliate (Doe) to lower her self-esteem to satisfy his perverted sexual desires,” Campbell said. “Even after (she) said she didn’t like anal sex (he continued).

“He would pull on her hair while sodomizing her, relishing in her pain.”

Campbell — who said Garza has not taken responsibility for his actions, blaming the sexual occurrences on Doe’s wanting — said the most recent exam conducted on Doe last week showed bleeding in her rectum.

Campbell pleaded for the court to “protect society” by sending Garza to prison and to have him additionally register as a sex offender.

Cissna thanked Campbell for his statements and told Brown and Schwartz to give him written points and authorities by Friday with regard to why or why not Garza should register as a sex offender and what, if any, restitution should be given to those other than the victim.

A third issue, with regard to rejecting the plea, was dropped from the points and authorities request because — although probation recommended rejecting the plea, Cissna said in court — Schwartz said he spoke with the victim’s family last week and they are “behind the deal” and “just want to move on with their lives.”


“The mother and victim are satisfied with the plea,” Schwartz said. “The probation department didn’t have the most recent information at the time the report was written as to the recent feeling of the victim and her mother.”


Copyright (C) 2005, The Eureka Reporter. All rights reserved.