While the District Attorney’s Office is pursuing a life sentence
for a San Benito County man convicted of sexual assault, his
attorney claims he has evidence exonerating him and hopes to
convince a judge to grant a new trial.
Hollister – While the District Attorney’s Office is pursuing a life sentence for a San Benito County man convicted of sexual assault, his attorney claims he has evidence exonerating him and hopes to convince a judge to grant a new trial.
A jury convicted Corbett Le Grand, 27, of felony child molestation and lewd acts with a minor last month for sexually assaulting a teenage girl at Bolado Park two years ago. Le Grand was also convicted of child molestation several years ago in Santa Cruz County.
However, his attorney, Greg La Forge, plans to file a motion this week requesting a judge grant a new trial for the twice-convicted sex offender based on new evidence that he said came to light after jurors handed down a guilty verdict. Le Grand was scheduled to be sentenced last week, but the hearing was continued until mid-September, when La Forge will argue for a new trial.
Although La Forge said it is rare for a judge to grant a new trial after someone has been convicted, he believes the evidence he has will compel a judge to do so in this case.
“It’s not common, but I’m very confident, based on the declarations I have, that (a judge) will grant the motion,” La Forge said.
La Forge would not comment on what new evidence he received, but said it proves his client did not do what he was accused of doing.
Deputy District Attorney Denny Wei said he has never argued for a life sentence before, and neither Wei or District Attorney John Sarsfield could recall a case in San Benito County where a judge sentenced someone to life in prison. Wei said he’s ready to argue for the stiff sentence, but wouldn’t comment about his strategy.
Le Grand was accused of molesting a then-13-year-old girl in the back of a Suburban while her stepfather slept beside them as they waited to sign up for Pop Warner Football two years ago, La Forge said.
Before jurors returned a verdict, the District Attorney’s Office offered Le Grand a plea bargain that would have withdrew the prior conviction from being a factor in the case, and taken the possibility of life in prison off the table. But Le Grand refused to take the deal, La Forge said.
His refusal, based on his claim that he’s innocent of the charges, upped the ante for prison time because the prosecution was able to call a host of witnesses who testified about details of the previous molestation, La Forge said.
After the prosecution presented a slew of evidence incriminating Le Grand, jurors took about 15 minutes to decide the man’s fate, said juror Kayla Ballard.
And while Ballard believed the information presented during the trial showed Le Grand molested the teen, she does not believe his actions warrant a life sentence.
“Murderers don’t even get life. I can see jail time and therapy, but I don’t understand the life thing,” she said. “They didn’t even let us know the consequences. That’s extreme.”
Although she voted guilty along with the other 11 jurors, Ballard said she did question whether the teen could have had some reason for lying about the molestation. But after listening to the girl’s testimony and a video the prosecution showed of Le Grand talking with police detectives about the incident, she decided he was guilty as charged.
And while she said the idea of Le Grand receiving a new trial wasn’t troubling to her, she doesn’t know how much good it would do.
“All the evidence was there, and everybody agreed, even me. The other jurors were like, ‘Get him,’ even asking me why I was questioning it at all,” Ballard said. “A new trial doesn’t bother me, it’s the life sentence. That’s too much, and I can’t believe a judge would give him life.”
La Forge will argue his motion for a new trial on Sept. 12 at 9am at the San Benito County Courthouse.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected].
