WARNING: Some may consider the content of this story graphic.
A fourth person has come forward to say she was raped by Werner Fajardo, 35, at the El Cuervo Bar in Huron.
The girl was 18 at the time of the alleged crime. She testified that Fajardo forced her to have sex with him sometime in early September 2011. The girl said she and a friend were in the bar after hours when the supposed incident happened.
For what seems to be the first time, a jury heard what could be Fajardo's side to the story. During Detective Gene Miller's testimony, he said Fajardo read the warrant for his arrest and recognized one of the victim's names. Detective Miller said during an interview Fajardo claimed he was being set up.
Earlier Thursday, the three younger victims provided graphic accounts of the October 30 night at the El Cuervo Bar.
As the prosecution called each victim it was revealed that a text message could have started the alleged incident. The girls left one of the homes after babysitting that night and allegedly texted Fajardo for a ride. However, investigators' testified they were unable to recover any such text messages. They claimed the data was lost and unobtainable because the investigation started weeks after the incident.
One of the victims told the jury Fajardo picked them up and took them to El Cuervo Bar, but they had to wait outside before they could enter. The victim said Fajardo let them in through the backdoor.
During the investigation, Fajardo confirmed to police the girls were at the bar October 30. He said he did not take them home because they were already intoxicated and he didn't want to drive with them in his car.
The victims said they sat down, hung out and drank vodka mixed with Monster energy drink, beer and shots—all allegedly served by Fajardo. One victim said they were also listening to music and dancing on the stage in the bar.
According to the 12-year-old victim's testimony, one of the girls passed out in a booth while the other passed out in the bathroom. The 12-year-old was still up with Fajardo who said he was going to drive to Wal Mart and buy an air mattress. The victim said before Fajardo left he tried kissing her stomach, but she pushed him away and called him a pervert.
Investigators found Fajardo did actually go to Wal Mart and purchased an air mattress and comforter at 5:04 a.m.
Meanwhile, the 12-year-old victim tried leaving through the front door, but she couldn't get out. She said she did not think to try the backdoor. After that attempt she said she tried waking up her friends but she couldn't. The victim said she gave up, drank a beer and went to sleep because she was tired.
The victim said later that night she woke up to find Fajardo at her knees having sex with her. She said she tried to break free but couldn't.
"I couldn't move. I tried kicking my legs, but I couldn't move. I was frozen," the girl said.
She said she passed out and woke up two more times and each time she woke up Fajardo was either raping or licking her.
The victim said when she woke up the next morning, both her friends had left and it was only her and Fajardo in the El Cuervo Bar. She said she started yelling at Fajardo and asked for her phone and shoes.
The victim said eventually Fajardo gave her a ride home. She said it was awkward and claimed before Fajardo dropped her off he touched her leg and said, "You weren't like that last night."
The other girls' testimonies claimed the same graphic recollections. They claimed to wake up to Fajardo pulling their pants down and licking their private areas.
The defense spent most of its cross examinations trying to tear open potential holes in the victim testimonies and their statements to police. The defense had the girls re-read their police statements to connect the testimonies they provided. The girls had difficulty remembering the amount of drinks they had. The defense also tried clarifying whether Fajardo actually licked one of the girls or just touched one.
The defense spent part of the afternoon trying to poke holes in the investigation as well. The asked who was interviewed and what processes were used to gather evidence. One piece of evidence was a condom wrapper found on the floor under a booth in the bar. The defense made a point of noting it was found 20 days after the alleged incident.
Testimonies will continue in the trial Friday morning. Lawyers expect to have the case to the jury by Friday afternoon.
Tuesday, December 3 2013 10:48 PM EST2013-12-04 03:48:06 GMT
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