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Alleged child molester claims erectile dysfunction defense

January 20, 2016
Jose Antonio Rojas Barriga

Jose Antonio Rojas Barriga

A judge declared a mistrial Tuesday in the case of a San Miguel man who reportedly plans to use erectile dysfunction as a defense against child molestation charges. [Tribune]

Jose Antonio Rojas Barriga, 60, is accuse of molesting two boys. The molestation allegedly occurred when both of the boys were 10 years old.

Rojas Barriga is charged with 21 counts of child molestation. Twenty of the counts pertain to one boy and a single count of molestation pertains to the second boy.

The second boy, who is now 16, testified Friday. He was expected to say the defendant molested him once. Instead, the teen testified that Rojas Barriga molested him 15 to 20 times.

Following the surprise revelation, defense attorney Matt Guerrero requested a mistrial. Judge John Trice granted the request on Tuesday, ruling the testimony was not included in the prosecution’s complaint, and it would prejudice the jury.

A new trial now has to be ordered. Prosecutors will soon discuss whether to charge Barriga with additional counts of molestation.

Rojas Barriga was arrested at his workplace in September 2014. He denied culpability during questioning by detectives, court records state.

A prosecution motion stated the defense was going to claim Rojas Barriga could not have committed the crimes because he suffered from erectile dysfunction.

Jury selection for the new trial will begin on March 15.


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Thanks for deleting my comment! Its sad to know that you’re defending a child molester. I would expect that from the Tribune but from you guys? Cmon now!


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One liner comments describing someones desire for a human to be raped, killed or marked and then given to the general prison population are routinely deleted.


We are not “defending a child molester”, we are not publishing a murder or rape fantasy/desire.


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All i said was to put him in general population and let the inmates give him some real punishment. Who said anything about raping someone?


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He should move to San Francisco. He’ll be safe from prosecution there.


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Only if he is an illegal immigrant will he be safe from prosecution in SF.


Sanctuary City SF doesn’t like beautiful college grads like Kate but it does like illegal alien criminal scum from South of the Border.


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Has anyone informed this mouthbreather that you don’t have to get it up to molest a child?


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Oh yeah, I believe he has ED and needs pills for his relationships with adult women.


It’s the little boys that cure his need for drugs.


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Matt Guerrero…where have I heard that name before??? oh yeah, could it be the same Guerrero who is Pavo Ogrens boss and the manager of the Oceano CSD perhaps as he too is a lawyer??


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Different Matt Guerrero. The Oceano guy is a much younger man. Do your research before libeling someone with something as serious as this.


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E.D. Has nothing to do with sexual molestation. If he was accused of rape, the ED defense might make sense. I can’t imagine what his legal counsel is thinking.


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The Viagara Defense….

But hey, have not we been told not to judge who one loves?

In a world without natural law limits, it becomes harder to enforce laws based on morals because we have given up the moral high ground.


Sick….just sick.


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agreed


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Never use the word “harder” when talking about the viagra defense, common sense is a must. :)


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If you are found guilty of this, don’t worry, guys in prison won’t care if you have E.D. or not.


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