A JURY on Friday acquitted Joseph Diaz Sablan of the rape charge, but found him guilty of oral copulation.
Superior Court Associate Judge David Wiseman also found the 29-year-old Sablan guilty of sexual abuse of a child.
Assistant Attorney General Aaron Romano, who prosecuted the case, refused to comment. Assistant Public Defender Jeffrey Moots, counsel for the defendant, also declined to comment.
Chief Prosecutor Clyde Lemons told reporters that they were pleased with the verdict.
“The jury worked hard, they were out (deliberating) for two days. And I have no problem with their decision. I think it was a fair decision. I think the judge’s decision with his findings was also very good,” Lemon said.
According to court papers, prior to the rape that occurred on Nov. 20, 2000, the victim, who was then 15 years old, and her two friends were picked up by Sablan at the parking lot of a movie theater in San Jose.
The defendant allegedly made the victim and her friends smoke marijuana.
Sablan then brought the victim and her friends to his house in San Antonio.
Court documents said that at the San Antonio residence, the victim’s friends fell asleep and Sablan raped the victim.
