Woman faces multiple life terms in molestation case
By TERRY VAU DELL - Staff Writer
Wed May 14 03:00:17 2003 -- OROVILLE - A judge Tuesday held an Oroville woman to answer to 15 counts of sexual and physical abuse of children, which could result in multiple life terms in prison if she is ultimately convicted of the crimes.

On the witness stand, a Butte County sheriff's investigator quoted a 9-year-old neighbor girl as saying that Tina Pacheco, 33, forcibly molested her in the Oroville woman's bedroom last month and also made her "have sex" with another young girl that same day.

She prosecution alleges the mother of five also burned the first victim with a cigarette and several times furnished methamphetamine to her own 15-year-old daughter.

But Pacheco's attorney, Eric Ortner, said outside of court he believes the sex charges will be entirely disproved if and when the case goes to trial.

Prior to disclosing the alleged molestations by Pacheco, the 9-year-old had made similar allegations against a man in her own home, who is currently awaiting trial on separate charges, according to sheriff's reports.

During a preliminary hearing in Butte County Superior Court for Pacheco Tuesday, her lawyer closely grilled sheriff's detective Robert Ponce on what specific information the victim provided to corroborate her story.

The detective conceded that because of her age, the girl was not asked to describe the bedroom, nor its contents, nor underwent a medical examination.

Ponce also testified that when asked if the defendant had made the two girls have sex in her bedroom, the victim's 9-year-old playmate had replied, "I don't know" or "I'm not sure."

But the detective added, it was his opinion that the second girl was only being "evasive," and at no time did she ever deny the sex acts occurred.

Privately, Ponce said that after grilling the first victim repeatedly, her story never changed and the officer said he is "convinced" she is telling the truth.

After listening to the officer's testimony, Judge Thomas Kelly ruled there was "sufficient" evidence to hold Pacheco for trial on nine felony counts of forcible child molestation, two counts of forcible oral copulation with a minor, one count of child abuse, pertaining to the alleged cigarette burns, and three counts of furnishing methamphetamine to a minor.

Because of a "multiple victims enhancement," if convicted on all counts, the defendant could face more than 11 consecutive life terms in prison upon conviction, according to deputy district attorney Leo Barone.

The stocky, dark-haired defendant, who wore a yellow jail sweatshirt and blue pants in court, remained silent during Tuesday's preliminary hearing.

Several spectators waiting in the courtroom for their own cases to be called, audibly gasped during the sometimes graphic testimony.

The sheriff's detective said county Children's Services were notified on April 9 after the 9-year-old victim disclosed the allegations during a counseling session.

Ponce testified the youngster claimed she was watching TV with a 9-year-old playmate at Pacheco's D Street home in Oroville about a week earlier when the defendant pulled her into her bedroom, undressed her and forced her onto a bed, where she was made to kiss Pacheco and "have sex with her."

The youngster told authorities she told the defendant to stop, and twice tried to get up, but that the Oroville woman "pushed her down."

At one point, the girl claims the Oroville woman brought the other 9-year-old into the bedroom and "made them have sex together."

The prosecutor Tuesday introduced photos of marks on the first victim's arm and leg, which the detective agreed were "consistent" with cigarette burns.

The detective quoted the defendant's 15-year-old daughter as saying that her mother had smoked methamphetamine with her at least three times.

Under questioning by Pacheco's attorney, the sheriff's investigator acknowledged the victim was unable to pinpoint when the alleged molestations occurred, other than it was the last time she had been at the defendant's house and "it was getting dark."

Outside of court, Ponce, who is the sheriff's primary sexual abuse investigator, said children that age often don't remember specific details.

He said he didn't order a medical exam for the Oroville youngster because of its "invasive" nature and because the alleged crime had occurred at least a week earlier.

Ortner, Pacheco's attorney, predicted the lack of physical or medical evidence, "will make it more difficult to prove this case beyond a reasonable doubt" to a jury.

"I believe that by the time we finish our own investigation, she'll be exonerated of the sex acts," the defense attorney said of the Oroville woman.