1. The facts as alleged in the media: The defendant found a stranded woman, passed out in a car on the shoulder of Interstate 4. He tried to help her, thought she might agree to have sex with him, and then was interrupted by an Altamonte Springs police officer who spotted the pair in the back seat of her car in a parking lot. The female told jurors she had had at least 10 beers that night and doesn't remember what happened. The jury found the accused not guilty of rape. The alleged victim did not find the case important enough to even show up at sentencing…
2. The defendant's prior record: three years in prison for conspiracy to traffic marijuana… (nothing sexual or violent)
3. The judge in the case at hand said she had no option under state law but to send him to prison for LIFE.
4. How could it have been a kidnapping if the alleged victim testified that she does not remember agreeing or not, as she was allegedly drunk?
5. Is this our justice system at work? Is this why we have more people in prison than any other civilized or uncivilized country?
With this set of facts, if they are correct, how can anyone suggest that the accused deserve in any way to spend his life in prison?
SANFORD – A judge today gave a life sentence to an Orlando man convicted of kidnapping a woman whom he found drunk and passed out in a car on the shoulder of Interstate 4. Winel Castro-Molina, 34, was convicted Dec. 2. He also was charged with rape, but the jury acquitted him on that charge. Assistant State Attorney Gino Feliciani pointed out that Castro-Molina had been released from federal prison, where he'd served time on a drug charge, less than three years before the abduction.
In that case, Castro-Molina was guilty of conspiring to traffic marijuana and was sentenced to three years. He was released in 2006.
Today's sentence was imposed by Circuit Judge Debra S. Nelson, who said she had no options under state law, given the defendant's prior conviction. After today's hearing defense attorney Eric Trivedi called the outcome "a very, very bittersweet victory." Castrol-Molina committed no crime that night, Oct. 29, 2009, Trivedi said. He found a stranded woman, tried to help her, thought she might agree to have sex with him then was interrupted by an Altamonte Springs police officer who spotted the pair in the back seat of her car in a parking lot. When Officer Todd Smith walked up to their car, the woman's skirt had been pushed up around her waist, he testified at trial. The woman, now 27, told the officer she did not know Castro-Molina and did not know where she was, how she got there or what was going on. She told jurors she had had at least 10 beers that night and doesn't remember what happened. She was not at today's sentencing. Trivedi said that several weeks before the trial, Castro-Molina said no to a plea deal that would have sent him to prison for eight years. The defendant did not want to agree to anything that would have branded him a sex offender, Trivedi said.Castro-Molina did not testify at his trial, but he confessed during an interrogation by Altamonte Springs police. During most of that session, Castro-Molina denied the rape, but police kept insisting he was lying. After Det. Kevin Acosta told Castro-Molina he'd throw him in jail if he denied the rape one more time, Castro-Molina changed his story.
Defense psychologist Gregory DeClue testified at trial that the confession was not given voluntarily.
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