In its slip opinion dated Feb. 3, 2009, the Supreme Court justices said the defendant Juan Borja Camacho failure to submit a trial transcript as part of his excerpts of record hinders the ability of the high court to review the evidence at trial.
But the high court said “the trial court did not err in imposing Camacho’s prison sentence and it was not inhumane, cruel or detrimental to the interest of justice.”
The jury found Camacho guilty of two counts of first degree of sexually abusing a minor and was sentenced to 30 years imprisonment, all suspended except for 15 years on each of the two charges.
He was also sentenced to a six-month jail term for disturbing the peace.
These sentences were to run concurrently.
He was fined $25,000 and another $500 for two counts of disturbing the peace.
Camacho appealed his case, arguing there was insufficient evidence to support the conviction.
But the high court said an appellant who challenges the findings of a trial court should submit a transcript of all relevant trial court proceedings, which the defendant failed to do.
Camacho also argued that the trial court improperly denied his motion for acquittal but he failed to present an adequate record that can be reviewed by the Supreme Court, the justices said.
On July 12, 2004, the then 12-year-old victim and her parents visited the house of the defendant.
During that visit, the defendant, who was then 56 years old, expressed his desire to marry the girl.
The girl’s father got angry and left, leaving the girl and her mother with the defendant.
When the mother and daughter entered the defendant’s bedroom Camacho ordered the mother to leave the room.
While in his bedroom, the defendant told the girl to get on the bed and warned her that he would harm her if she cried.
The girl said she did not want to marry the defendant but the he told her they need not be married in church.
He then abused the girl.
When the girl went home, her father wanted to take her to the hospital but her mother refused.
When the defendant visited the girl the next day, she said he told her not to go to the hospital with her father.
Instead, she went back to the defendant’s house with her mother and she was left alone with the defendant who abused her again.
The girl’s mother testified that the defendant offered her $1,500 to bring her daughter to his house and if she kept coming back, he would give his house and land to the girl.
On July 23, 2004 a relative called the Division of Youth Services and reported the sexual abuses the victim was going through.
Investigation led to the filing of the charges and eventually the defendant’s conviction.
Investigators found pictures of the girl in the defendant’s bedroom, and handwriting on a desk calendar marking July 12 and 13 as the dates he abused the girl. The dates corroborated with the testimony of the victim.
