Appeals court reverses molest case because of inadequate translations

Feb. 17—ANDERSON — The Indiana Court of Appeals has granted a reversal to an Anderson man convicted in 2011 of two counts of Class A felony child molesting based on inadequate Spanish-language translations of the rights he received at his guilty plea hearing.

Israel Cruz-Bautista had requested post-conviction relief from then-Madison County Circuit Court Judge Thomas Clem following his conviction for the rape of an 11-year-old girl on the grounds that he had not entered into the guilty plea "knowingly, intelligently and voluntarily."

Defendants have a constitutional right to be informed of a right to trial by jury, the right to confront the witnesses against him and the right against self-incrimination, the opinion noted.

"Specifically, he contended the Spanish translation he received at his guilty plea hearing did not adequately communicate the three constitutional rights he was waiving by pleading guilty as required by Bokin v. Alabama," the court's opinion filed Jan. 29 said.

"Concluding that Bautista was not adequately advised of one of the Boykin rights, namely, the right to confront the witnesses against him, we reverse the denial of post-conviction relief and remand with instructions to vacate his guilty plea.

Clem recently retired. Madison County Prosecutor Rodney Cummings could not be reached for comment on what steps he might be able to take.

Bautista, 35, remains in custody at Pendleton Correctional Facility, where his original release date is May 3, 2037.

Bautista, who is Hispanic, was assigned Spanish-language interpreter Nellie DeBord at taxpayer expense because his inability to understand English made it difficult for him to understand the options presented by his public defender. She interpreted for Bautista during conferences with his lawyer, guilty plea and sentencing hearings, and pre-sentence investigation report interviews.

The plea agreement, which capped Bautista's concurrent sentence at 30 years for each conviction, was written in English, and no Spanish-language translation was provided.

In August 2015, Bautista filed his petition for post-conviction relief without the assistance of a lawyer, though it later was amended with the assistance of counsel. The February 2020 hearing on the matter included as evidence, the English-language and Spanish-language transcripts of the guilty plea hearing.

Another exhibit prepared by Irene Bublik, an interpreter certified by the Indiana Supreme Court, and reviewed by Christina Courtright, another certified interpreter, compared the translations.

"Here, we conclude that the Spanish translation of the right to confrontation failed to accurately reflect the trial court's advisement and meaningfully convey the substance of that right," the court's opinion said.

Follow Rebecca R. Bibbs on Twitter at @RebeccaB_THB, or call 765-640-4883.