By Julia Reynolds
Monterey County Herald
May 5, 2011
http://www.montereyherald.com/local/ci_17997788?nclick_check=1
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| The Rev. Antonio Cortes may face deportation after his release. |
Trembling and pausing to regain his voice, the teenage victim in the Rev. Antonio Cortes molestation trial Wednesday spoke of the guilt and trauma that has led him to several suicide attempts.
At Cortes' sentencing, the boy, who was 16 in April 2009 when he was molested during a "spiritual massage" by the former Salinas priest, told Judge Terrance Duncan that Cortes, 43, should serve time in prison.
In a courtroom packed with dozens of Cortes' supporters, the boy said the molestation took its greatest toll on his mother.
"There were a lot of days in that she was crying at night ... I was able to hear her," he said before breaking into quiet sobs. "She tried to stay strong and calm so I could stay calm."
He said he was hospitalized several times after he tried to kill himself. His most recent attempt was March 23, after Cortes entered his no contest plea, he said.
A pre-sentencing report said he didn't want his family and friends to have to continue to worry about him.
"I was feeling guilty because I did nothing to stop him. I would see him and hear him everywhere. I even had nightmares about him," he said.
Women in the courtroom's gallery sobbed.
The boy said that in requesting a lengthy prison term, "I am only asking for what is fair. ... I have tried to feel anger against him but I just can't. More than a priest, he was my friend."
Duncan said he was moved by the "young man who bravely got up here and spoke," but nonetheless sentenced Cortes to one year in jail and three years' probation.
But under a suspended sentence, Cortes would be subject to a three-year prison term if he violates any of the 41 terms of his probation. The punishment was agreed to as part of an earlier no-contest plea agreement.
Cortes is credited with 75 days of jail time served and good behavior credits, according to a pre-sentencing report.
In announcing the sentence, Duncan acknowledged "the court felt there were indeed proof problems" with some of the original charges. Defense attorneys especially contested a felony sodomy count.
Still, Duncan said, Cortes' actions were "shameful and scandalous. The behavior ... was inexcusable."
"When he finishes his jail sentence, he will be sent to a federal facility and deported. He will be defrocked by the Catholic Church. ... Essentially, his life as he has known it is over," Duncan said.
Cortes, who according to a court report was born in the Mexican state of Jalisco, lived in the U.S. legally — but even legal residents are deportable if they are convicted of felonies.
Defense attorney Miguel Hernandez asked that Cortes be allowed to turn himself in at a later date, but Duncan ordered bailiffs to handcuff Cortes and take him to jail immediately.
"The time has come for the penalties to be imposed," Duncan said.
Hernandez's co-counsel, Eugene Martinez, said Cortes has expressed "sincere remorse" and he asked Duncan to "look at the entire picture, the entire man and all the good that he's done in the past."
Martinez said that "extensive interviews of hundreds of people" by Salinas police showed that the priest's encounter with the teenager was an isolated incident.
Bishop Richard Garcia said in a statement, "My heart goes out to the young man and his family. I am so sorry to hear of all that he has suffered these last two years. I would like to renew the Diocese of Monterey's offer to him and his family for counseling. I will continue to pray for him, his family and all involved in this terrible situation. They are truly in my heart and prayers."
According to a report from the county's probation department, Cortes has been on paid leave of absence since his April 2009 arrest, receiving $2,500 per month from the Church.
He was a priest at St. Mary of the Nativity Church in Salinas before his arrest.
The report said he has a canon law attorney to represent him in employment matters with the diocese.
In March, Cortes pleaded no contest to felony sodomy with a person under the age of 18 and felony possession of child pornography, as well as 12 misdemeanor counts including child molestation, child endangerment, furnishing alcohol to a minor and committing lewd acts in the presence of a minor.
Julia Reynolds can be reached at 648-1187 or jreynolds@montereyherald.com.
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