Hollister
– A former Hollister man facing felony charges for allegedly
sexually abusing a 9-year-old girl in 1995 is trying to get his
case dismissed on grounds that his right to a speedy trial has been
denied.
Hollister – A former Hollister man facing felony charges for allegedly sexually abusing a 9-year-old girl in 1995 is trying to get his case dismissed on grounds that his right to a speedy trial has been denied.
Monty Milligan, 60, is facing two felony counts of child sexual abuse. Former San Benito County District Attorney Harry Damkar charged Milligan in 2002, but the suspect was not arrested and brought into court until 2006. Public Defender Roseanne McLean, who is representing Milligan, alleges in a dismissal motion that “nobody made any effort” to find her client after he was charged in 2002.
McLean alleges the delay could have affected the victim’s memory. The victim “may have embellished her story to make it seem much more serious than it actually may have been,” McLean wrote in the dismissal motion. The motion is scheduled to be heard by a local judge in two weeks. McLean argued that since the crime happened in 1995 and was not reported until after the six-year statute of limitations had expired.
McLean refused to comment on the case or the dismissal motion.
Deputy District Attorney Candice Hooper Mancino plans to fight the dismissal motion. Hooper Mancino said she is in discussions with both McLean and the victim regarding a possible plea bargain in the case. However, the prosecutor said Milligan would not get off with a light sentence.
“It’s not a question of whether he should go to prison, it’s a question of how long he should go to prison,” she said.
Milligan had been wanted in connection with the felony sexual abuse charges since 2002, but wasn’t arrested until February of 2006, according to court documents. Milligan was found in Arizona by police and then extradited to San Benito County on February 10.
The charges stem from an alleged 1995 incident that he engaged in sexual acts with a then 9-year-old girl, according to police reports. Reports stated Milligan was related to the victim. The victim reported the crime to a school teacher in 2001, six years after the incident allegedly occurred. School officials then contacted Child Protective Services and Santa Cruz County Sheriff’s deputies. Santa Cruz deputies forwarded the case to the San Benito County Sheriff’s department because the incident allegedly occurred in a trailer home on Westfalls Ranch in Hollister. The victim told police that Milligan had taken photographs of her partially undressed and threatened to kill her if she told anyone about the abuse.
Milligan is being held at the San Benito County Jail in lieu of $150,000 bail. If convicted of aggravated sexual assault on a child under 14, he could face a maximum of 15 years to life in prison.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or [email protected].
