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Sunday, May 19, 2013
Covering Dallas, Monmouth, Independence, Falls City and surrounding areas since 1868
January 30, 2013
DALLAS -- A Dallas man convicted Jan. 11 of four sex abuse charges involving a girl younger than 10 in Polk County Circuit Court will serve 38 years in prison for the crimes.
Emmanuel G. Tenorio, 29, was sentenced in Polk County Circuit Court Jan. 23 on two counts of first-degree sex abuse and two counts of unlawful sexual penetration.
Emmanuel G. Tenorio
Circuit Court Judge Monte Campbell handed down the sentence following the conclusion of a 12-person jury trial.
Tenorio was arrested in September 2011 and indicted on 10 felony sex crimes -- six of which were dismissed following trial. Tenorio was arrested after the father of the victim reported his daughter complained of Tenorio touching her inappropriately.
However, the victim's father stated in court that he had been aware of the abuse for years previous to Tenorio's arrest.
He said he had been told to allow the legal process to play out, but said it was difficult not to act.
"It's hard to be patient when you know that your daughter was being raped," he said to Campbell, adding he thought one of the measures of a society is how it treats children. "Please keep that in mind when you sentence him."
During the hearing, Tenorio and his lawyer, Martin Habekost, argued a motion for a mistrial. Tenorio said his answer to a question during interviews with police was taken out of context during trial testimony. He said the answer couldn't be explained without revealing results of a polygraph test he took during the investigation. A motion to exclude the test results was granted on Dec. 10. Campbell rejected the argument.
"Mr. Tenorio, you had a very, very fair trial," Campbell said. "There was no mention that you took a polygraph during the trial."
Tenorio also argued a motion for a new trial. He claimed the prosecution didn't properly notify the defense of witnesses they planned to call and the nature of the testimony some witnesses would give.
Polk County Deputy District Attorney Matt Jarvis countered, saying proper notification was given and all evidence was shared.
Campbell rejected that motion, as well.
Jarvis requested Tenorio serve the maximum sentence allowed, 50 years.
Habekost said that would nearly equate to a life sentence given Tenorio's age.
Campbell ultimately issued a 38-year sentence, lifelong post-prison supervision, and sex offender registration.
"I have no doubt that you abused this little girl," Campbell said to Tenorio.
Then directing his next comment to the girl's father, Campbell said: "I want you to tell your daughter he won't get out until she's your age."
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