Gerson Fuentes, accused of raping 10-year-old girl who got abortion, held without bond
A man accused of sexually assaulting and impregnating a 10-year-old Columbus girl who traveled to Indiana for an abortion has been ordered held behind bars without bond pending his trial.
Gerson Fuentes, 27, a Guatemalan national, is facing two counts of rape of a child under the age of 13. If convicted, he faces a maximum sentence of life in prison without any possibility for parole.
Not guilty plea entered: Prosecutors to request Gerson Fuentes, accused rapist of 10-year-old, be held without bond
Columbus police Det. Jeffrey Huhn testified about the case before Franklin County Common Pleas Court Judge Julie Lynch at a bond hearing on Thursday morning, saying the child had identified Fuentes as the man who assaulted her twice between January and May 12.
Huhn also provided a clearer timeline of the investigation into the case.
Officer: DNA shows '99.99 % probability' Fuentes fathered 10-year-old girl's fetus
Huhn said preliminary DNA testing shows that there's a "99.99% probability" that Fuentes is the biological father of the "product of conception."
Abortion in Ohio: Mental health isn't an exception in Ohio's heartbeat abortion law. Should it be?
Huhn testified that Franklin County Children Services received a referral on June 22 regarding the child being pregnant and made a report to Columbus police as required by Ohio law. The girl underwent a forensic interview on June 23, at which point she did not acknowledge being assaulted or identify an alleged perpetrator.
The girl's mother sought a consultation in the Columbus area for a potential abortion, Huhn testified, but because of the estimated gestational age, the procedure could not be performed in Ohio under state law because she was just over six weeks pregnant. A call was made to Indianapolis and the girl traveled there on June 29.
Huhn testified that after a consultation in Indianapolis, the girl had to wait 18 hours before the procedure, which was done through medication, took place on June 30.
Following the overturning of Roe v. Wade by the Supreme Court on June 24, Ohio implemented a law barring abortion procedures after fetal cardiac activity is detected, which usually occurs around six weeks. There are no exceptions in Ohio's law for rape or incest.
Q & A:What we know about case of 10-year-old Ohio girl who sought abortion in Indiana
On July 6, a second interview was done with the girl at her home, where Huhn said Fuentes was present and had been living. The girl acknowledged, nonverbally, that Fuentes assaulted her, and Fuentes provided a DNA sample that day, according to the detective, the only person to testify at the hearing.
Abortion in Ohio: Do 10-year-olds meet 'life of mother' abortion exemptions? Ohio lawmakers, doctors divided
A second DNA sample was obtained through a search warrant on July 12 and an interview was done, during which an interpreter was used and Fuentes admitted to sexually assaulting the girl on at least two occasions while she was 9 years old.
Fuentes' immigration status: No evidence that Guatemala native is in U.S. legally
Huhn testified that Fuentes was not able to be found in any law enforcement databases and there was no footprint of his being in the country legally.
"It’s hard to move around as an adult without a footprint," Huhn testified.
Assistant Franklin County Prosecutor Dan Meyer said that Fuentes should be held without bond because of the potential risk Fuentes poses to the community, as well as to ensure his likelihood of appearing at future hearings.
"This is a 10-year-old child who didn’t ask for any of this, who was raped by this man who was providing for her and her mother and her family," Meyer said.
For subscribers: The tool Ohio prosecutors, judges must use — for now — to get dangerous suspects detained
Bryan Bowen, Fuentes' attorney, said Fuentes had no criminal history and while he is a native of Guatemala, Fuentes has lived in Columbus for seven years and his mother lives in the area as well.
Lynch was not swayed, however.
"This court would assume if there were documentation proving this defendant was in this country legally, it would have been presented here today," Lynch said. "This man lives in the home with this child. To allow him to return him to that home, the traumatic and psychological impact would be undeserving to the alleged victim."
Lynch also noted that having this case become a national talking point on both sides of the political spectrum is likely to have an impact on the girl.
For a no bond decision to be issued by a judge, they must by state law consider the nature of the alleged crimes, the weight of the evidence in the case, the ties to the community the defendant might have, as well as the safety of the public and the likelihood of the defendant to appear at future hearings.
Previous coverage: Suspect indicted in rape of 10-year-old Columbus girl who got Indiana abortion
The next step in the case will be for a trial date to be set.
bbruner@dispatch.com
@bethany_bruner
This article originally appeared on The Columbus Dispatch: Man accused of raping 10-year-old Ohio girl held without bond