Monday, March 8, 2010

Garcia abused position to get sex, prosecutor says

Defense and prosecution rest in rape trial of attorney Al Garcia.

Jailed Minneapolis lawyer Al Garcia "took his position as a legal advocate and twisted it into something sexual," a Hennepin County prosecutor said Monday in her closing argument, urging a jury to convict Garcia of raping a prospective client in August 2008.

Assistant Hennepin County Attorney Amy Sweasy said Garcia "took his position of power and he worked it into something unrecognizable, offensive and blatantly criminal."

Garcia, who started his career as a Minneapolis City Council aide, has been on trial since last week in front of Judge Philip Bush for third-degree criminal-sexual conduct. He did not testify in his own defense.

Defense lawyer Paul Edlund, whom Garcia wanted to fire before trial, noted that the alleged victim had no physical injuries after the purported attack, which he said wasn't credible given the multiple ways Garcia is accused of penetrating her. "There was sex, there was drugs and there was consent," Edlund said.

Edlund said Garcia's behavior with the woman -- and three others who testified last week -- was unprofessional, but that he "is not a rapist."

The jury began deliberations at midday Monday without hearing about Garcia's federal drug conviction. He is serving a five-year prison sentence on a federal drug charge after he was apprehended by undercover Alcohol, Tobacco and Firearms agents while attempting to take methamphetamine as a payment for legal services in February 2009.

In addition to the alleged victim, two women testified last week that Garcia propositioned them during discussions about legal fees for relatives. A third woman testified that she performed a sex act on Garcia because she was afraid he would otherwise drop her son as a client and keep her money.

Sweasy said Garcia, 50, exploited his professional ties to the women. "In fact, it became an insidious part of his law practice," she said.

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