Girl tells court of rape ordeal as nine-year-old
Dressed in pink tennis shoes, a pink T-shirt and shimmery black skirt, the girl, now 11, calmly recounted how she was raped, bound, handcuffed and thrown in a box in a car after coming home from school in June 2003.
âI could hear my mom yelling, âWhereâs my daughter?â I yelled, âMom, Iâm in the garage, help me!ââ she told a San Jose court.
The attacker thwarted a rescue, beating the girlâs brother and mother before fleeing with the child.
David Montiel Cruz, 25, faces charges ranging from burglary and assault to kidnapping and sexual penetration. He could face life in prison if convicted.
The girl said Cruz, who also goes by the name Enrique Sosa Alvarez, had blood on his face after fighting off her brother and mother. âI asked, âDid you kill my mom?â And he said, âIâm not sureâ,â she said.
In an unwavering voice, the girl testified she was later locked inside the manâs bedroom, handcuffed and sexually assaulted several more times - including once at knifepoint as she screamed and yelled.
The girl said her captor watched the TV news between assaults. She said she saw her motherâs car and her cousin on TV. âHe asked me, âDo you want to see your mom for the last time?â and I said, âYesâ.â
Prosecutors say that two days after the abduction Cruz gave the girl $10 and dropped her off at a store, threatening to kill her if she spoke about the kidnapping. The girl led police to Cruz.
Cruzâs attorney is pursuing an insanity defence. He contends Cruz was severely mentally impaired at the time and suffers from post-traumatic stress.