jmccann@heraldsun.com; 419-6601
DURHAM -- A man recently on trial on accusations of taking indecent liberties with a child is in the hands of immigration officials and possibly could be sent to his country of origin, according to Durham County Sheriff's Office Maj. Paul Martin.
Luis Escobar's court proceedings ended in a mistrial after jurors were unable to reach a unanimous decision about his alleged sexual crimes against a girl.
Under state law, if Durham law-enforcement officials can't determine the country of origin for inmates, then immigration officials have to take custody of those inmates, Martin said. The inmates receive hearings to determine whether or not they're allowed to remain in the United States, he said.
Escobar was indicted on two counts of statutory sexual offense, two counts of sexual activity by a substitute parent and two counts of taking indecent liberties with a child. After the state's evidence was presented, the court dismissed the charges for statutory sexual offense and sexual activity by a substitute parent.
Superior Court Judge Ronald Stephens in court expressed concern that the alleged victim's mother was arrested for allegedly aiding and abetting Escobar in the sex crimes for which charges ended up getting dropped.
Assistant District Attorney Jan Paul said the victim's trial testimony differed from her account to teachers, social workers, doctors and from what she said on a videotaped diagnostic interview two years ago.
Escobar and his lawyer, Matt Cook, said the alleged victim has a very active imagination. Paul argued that little children don't fantasize about being touched in sexual ways.
