Alleged child molester claims erectile dysfunction defense
January 20, 2016
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.