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Deputy accused of having sex with teen denied new trial
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A Lee County judge earlier this week refused to grant a new trial to a former Lee County Sheriff’s deputy who now could face up to 15 years in prison for having sex with a teenage girl.
Through his attorney, Moises Montalvo had sought another round before a jury after his March 5 conviction on a lewd or lascivious battery charge. The defense argued without success on Monday that the verdict should have been trashed because Montalvo’s attorney, Roy Foxall, wasn’t allowed to ask the girl if she’d ever had sex before or since the night of their encounter.
Montalvo, 24, is due in court for sentencing on May 12.
Rather than appeal his conviction now, Foxall said, Montalvo is opting to “see how sentencing goes.” While the state is expected to push for seven to 15 years, the defendant hopes to get probation.
Montalvo was a corrections officer in the Lee County jail when the girl’s parents came forward with criminal allegations that the pair had sex in the summer of 2006. She was 14; after flirting for a time on their cell phones, he came to her house one night and crept through her window.
She later reported they had sex that night.
Montalvo was arrested in late February of 2007.
Foxall, in his motion, asserted that Judge Mark Steinbeck wrongly stopped him from pressing the girl at trial about her lack of prior sexual encounters. While Florida law prevents rape victims from having to divulge certain details about their sexual histories, Foxall maintained he was trying to emphasize the girl’s inexperience in order to raise doubts about whether she even knew what sex was.
According to Foxall, Steinbeck refused the motion, saying that even if he was wrong to prevent the girl from answering those questions, such an error wouldn’t have warranted a whole new trial.
Looking ahead to sentencing, Foxall said he expects Montalvo’s family members and friends in his community will show up to try to help convince the judge to go lightly on him. Montalvo has been out on bail since the conviction.
“At most the state has proven consensual contact” between Montalvo and the teen, he said. “We’ll see how sentencing goes. We’re hopeful.”
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it seems to me that due to her age, it wouldnt matter what she thought or knew about sex,,,,, isnt the dirtbag,supposed to be the "Adult" and Know better than to even Flirt with a Fourteen year old child??,,,,,Max him out!
#1 Posted by Bullbat on April 23, 2008 at 6:14 p.m. (Suggest removal)
don't drop the soap
#2 Posted by trehuger on April 24, 2008 at 8:47 a.m. (Suggest removal)
i think he should do time but its a shame that in this country if he were a female and the child a male he would probably at most get probation like the blond teacher in florida. double standard.
#3 Posted by zo6fun on April 24, 2008 at 10:35 a.m. (Suggest removal)
A cop and a child sex offender??? Bubba and the boyz will have fun with him!
#4 Posted by Lemme on April 24, 2008 at 10:40 a.m. (Suggest removal)
Unauthorized use of a movable.
#5 Posted by 676 on April 24, 2008 at 1:15 p.m. (Suggest removal)
she was 14 when they had sex. She was 14, he was 24-26; yeh i'd say that this is bonafide stat. rape.
Good job Deputy!
Don't forget to cover your ace as your now the new property of your mexican cell mate.
here fishy, fishy, fishy.
#6 Posted by SHIFTT on April 24, 2008 at 3:03 p.m. (Suggest removal)
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