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Judge denies molester's bid to work
Wednesday, November 15, 2000 10:00 PM PST
By James Tedford
Printable version
E-mail this articleCATHLAMET --- A 20-year-old Cathlamet logger made a bid Wednesday to be the second convicted child molester in a month to get work release from Wahkiakum County Superior Court.
It didn't work this time around.
While Judge Joel Penoyar recently granted a two-week work release to a 48-year-old Cathlamet fisherman, he denied that privilege to Rodolfo Lopez.
"The other case has no bearing on this case. I have to consider this one," Penoyar said in court. "It looks like from what the state has put together that (Lopez is) an active predator out in the community."
Lopez' attorney, Leonard Copeland, filed the motion Nov. 3 --- the same day The Daily News published a story about Penoyar's decision to let David Tarabochia fish during daylight hours, pending sentencing for several counts of child molestation.
In a telephone interview, Penoyar repeated that he considered each case on its own merits. He stood by his decision to release Tarabochia --- Wahkiakum County's only convicted child sex offender in the last five years who has enjoyed any freedom before his sentence.
"Judges make many difficult decisions every day," he said. "I believe I've done the right thing in the cases I've heard."
In the future, Penoyar said he might again grant a pre-sentencing work release to a convicted sex offender.
"I have to consider anything the attorneys put before me. If it's a legal possibility, I'll consider it," he said.
Irene Asai, Wahkiakum County deputy prosecutor, argued in court against work release for Lopez, who faces a sentence within the standard range of 51 to 68 months. She agreed that work release might be an option for Lopez' sentence but that it is inappropriate to allow him freedom prior to sentencing.
Copeland disagreed, but Asai carried the day.
Penoyar said that Lopez, who has been in jail since his Aug. 29 arrest, would be a threat to reoffend if placed on work release.
Under a sentencing plan Copeland will present to Penoyar, Lopez faces six months in jail and three years of treatment for sex offenders.
Although prosecutors charged Lopez with one count of first-degree child molestation --- claiming he fondled an 11-year-old girl --- police reports alleged more sex crimes and more victims, Penoyar said.
"And that's not something I'm going to ignore because he only pled guilty to one (charge)," he said.
In pitching his client's case to Penoyar, Copeland began by acknowledging that Tarabochia's release made headlines for Penoyar. But Copeland urged the judge to consider similarities between the two sex offenders and to let Lopez take "a job doing logging out in the woods."
Copeland didn't specify those similarities in court, saying only that "Mr. Lopez is probably in the same position as (Tarabochia) is."
Neither Copeland nor Asai could not be reached for comment following the hearing. The judge considered Copeland's motion during a recess in a burglary trial that stretched into the night. Copeland represents a defendant in that trial, while Asai is the prosecutor.
Before work release became an issue, the two child molestation cases paralleled each other.
Both Lopez and Tarabochia will be sentenced Dec. 4. Lopez pleaded guilty on Oct. 9 to one count of first-degree child molestation. A week later, Tarabochia entered his guilty plea.
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