Prosecutors to request Gerson Fuentes, accused in rape of 10-year-old, be held without bond
Prosecutors plan to once again ask that a 27-year-old man who is accused of raping and impregnating a 10-year-old girl and prompting her to seek an abortion across state lines, to be held without bond until his trial.
The suspect, 27-year-old Gerson Fuentes, entered not guilty pleas to two counts of rape through his attorney, Bryan Bowen.
Fuentes, who had a relationship with the girl's family and has lived in the area for about seven years, appeared via closed-circuit video from the Franklin County jail.
"It's a shame this case has become a political football," said Bowen.
A not guilty plea is standard practice at arraignment so the defense attorney on the case can receive evidentiary materials from prosecutors and assess the case for a trial or potential plea negotiations.
According to court records, Fuentes admitted to police to sexually assaulting the girl two times between January and May 12, both times while the girl was 9 years old.
The girl became pregnant, according to court records, and a report was made to Columbus police by Franklin County Children Services on June 22.
When the U.S. Supreme Court overturned Roe v. Wade two days later, on June 24, Ohio's legislation banning abortions after fetal cardiac activity is detected — usually around six weeks — was enacted within hours. A doctor in Columbus, who has not been identified, contacted a doctor in Indianapolis, who performed a medical termination of the pregnancy on June 30.
While Ohio law does allow an exemption for the health of the mother, doctors and lawmakers are split as to whether a 10-year-old would fall into that exemption. Ohio law does not have exceptions for instances of rape or incest.
Court records said the girl was interviewed on July 6 and identified Fuentes as the man who raped her. A DNA sample was also collected from Fuentes, as well as male siblings the girl was living with, for comparison to evidence collected from the Indiana clinic.
The girl's case became a national talking point following the Supreme Court decision, particularly after some Republicans, including Ohio Attorney General Dave Yost, cast doubt on whether the girl existed.
Fuentes is currently being held in the Franklin County jail on a $2 million bond. The next step in the case will be for a specific judge to be assigned and a date on the hearing on whether Fuentes will be held without bond, as well as a trial date to be set.
Prosecutors had initially sought to hold Fuentes without bond when he was first arrested, however, Franklin County Municipal Court Judge Cynthia Ebner had determined following a brief hearing that there was not enough evidence at that point to grant the motion.
Once Fuentes' case is assigned to a judge for trial, that judge will schedule a hearing on any motions filed in the case, including a preventative detention hearing. Prosecutors said they intend to file that motion in the coming days.
Judges are asked to consider whether the "evidence is great that the accused committed the offense," whether the suspect poses a risk of harming others and whether there are any conditions of release that would assure the safety of the public.
Fuentes is a native of Guatemala, Bowen said, adding that he believed Immigration and Customs Enforcement had filed an immigration detainer warrant. That warrant, which The Dispatch has confirmed was filed by ICE, would prevent Fuentes from being released from custody, even if he were to post bond.
This article originally appeared on The Columbus Dispatch: Prosecutors to request no bail for suspect in rape of Ohio 10-year-old
