PALO ALTO, CALIFORNIA – The man charged with raping a 94-year-old woman at her Palo Alto nursing home in 2002 appears headed for a jury trial. In a five-hour preliminary hearing last Friday, expert witnesses testified that compelling DNA evidence linked Roberto Recendes, 42, to the crime, and his former girlfriend identified a necklace found at the scene as belonging to him.
It was enough to convince Santa Clara County Superior Court Judge Thang Nguyen Barrett that there is probable cause to hold Recendes on charges that could send him to prison for life if he is convicted. Defense attorney Carl Beatty, however, said he believes Friday’s testimony also exposed some holes in the prosecution’s story.
The case gained national attention after Palo Alto police arrested and extracted a confession from a suspect in 2002, only to see him exonerated by DNA evidence. Jorge Hernandez, a Gunn High School graduate who was 18 at the time, was released after three months in jail. The case appeared as though it might go unsolved because the victim said she did not know her attacker’s identity. But in 2004, Recendes was convicted on domestic violence charges in Sunnyvale, and a DNA sample was taken before he was deported to Mexico. Authorities discovered the match two years later, tracked him down, and was extradited to the United States in 2008.
Meanwhile, the victim died in 2006, according to staff at the Palo Alto Commons nursing home.
Friday’s hearing brought new details about the nature of the DNA evidence, and some potentially damaging testimony from Recendes’ former girlfriend and a nurse’s description of the victim’s injuries.
Located in San Diego, Berman & Riedel, LLP has represented many of California’s most vulnerable elderly and disabled individuals wrongfully mistreated in nursing homes and other elder care facilities. The firm is regarded by many as one of California’s leading elder abuse and neglect law firms and has successfully secured significant settlements and awards against facilities found to be at fault for the care provided to its residents.
If you feel that an elderly loved one or disabled loved one has been mistreated in a California nursing home or other type of elder care facility, call Berman & Riedel, LLP today at (858) 350-8855. Our staff will happily provide you and your family with an initial free consultation to discuss with you any questions or concerns you may have regarding the care rendered to your elderly loved one. To learn more about Berman & Riedel, LLP’s elder abuse and neglect law practice, visit the firm’s main website at www.preventelderabuse.com.
