Carbondale man accused of sexually assaulting child posts bond
July 5, 2010
CARBONDALE – A Carbondale man accused of sexually assaulting his 7-year-old relative posted $10,000 bond Friday, but he is prohibited from returning home.
Fabio Othmaro Carbajal-Landaverde, 39, appeared in the chambers of Judge James Boyd of Pitkin County District Court on Friday, where he waived advisement of one count of sexual assault on a child by one in a position of trust, a class-three felony. The suspect denies the charge, according to his attorney and court records.
Authorities say Carbajal-Landaverde fondled and inappropriately touched the relative on June 9, when the two were in a vehicle. A man who was riding a bike on Prince Creek Road, where the incident allegedly occurred, told Carbondale police he saw the suspect with his pants down to his ankles and touching the girl, according to an arrest affidavit prepared by Pitkin County sheriff’s Deputy Marie Munday.
The witness, who speaks Spanish but not English, initially told police the incident occurred in the parking lot of City Market in Carbondale. The witness reported the incident to police the day it allegedly occurred, but five days later a police officer told Deputy Ann Stephenson that the witness said the assault happened on Prince Creek Road.
Garfield County’s child protection division was called in to investigate, according to Munday’s warrant, and interviewed the alleged victim, who called the allegation “a lie.”
Child protection officials, however, concluded the relative was “coached” by family members and that her statements had been rehearsed.
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Later, when Munday contacted the suspect, “He yelled and demanded to know who accused him of abusing his [relative]. He said he was going to confront his accuser and sue the Carbondale Police Department,” Munday’s affidavit says.
The suspect told Munday he and his relative went up Prince Creek Road to feed cows.
As part of a no-contact order issued by Boyd, Carbajal-Landaverde is not allowed to live at home with the alleged victim and wife.
That’s despite the objection of the suspect’s attorney, Peter Rachesky, that the no-contact provision not be applied.
“The [alleged victim] denied all allegations,” he told Boyd. “The defendant cooperated with the investigation and denied all charges.”
Rachesky also contended that Garfield County’s child protection department did not intervene and let the father continue to live with his relative. That, he suggested, indicates that the case is not strong enough to have a no-contact provision.
“It’s been three weeks [since the alleged incident] and social services has not required [that] the child be removed from the home or the father be removed from the [relative],” he said.
Prosecutor Arnold Mordkin contended that Garfield County social services cannot influence the court’s decision.
“We can’t rely on what social services does or doesn’t do,” he said.
Boyd said that a protection order is mandatory with this type of case, but the suspect can address the issue at his next court appearance, set for July 12.
It’s unclear if Rachesky will remain as Carbajal-Landaverde’s attorney. During Friday’s hearing he recommended that Carbajal-Landaverde, who was aided by an interpreter via speaker phone, retain a public defender.
“A charge of this magnitude can be expensive with private counsel,” he told the suspect, who works at a local restaurant and a hotel.