Sunday, September 16, 2012

Accused child-sex solicitor off hook

Andres Torres Azmar
A 44-year old Madison man arrested in Mauston last month and charged with soliciting a child to engage in an act of prostitution will spend 120 days in the Juneau County jail following the dismissal of the charge last week.

Andres Torres Azmar pleaded guilty Thursday in Juneau County Circuit Court to lesser misdemeanor charges of disorderly conduct and resisting arrest.

The solicitation charge against Azmar was dismissed by a judge last week after Assistant District Attorney Cliff Burdon told the court that the alleged victim and his parents had left the area and could not be located.

“He pled guilty because he is guilty,” Burdon told the court at sentencing Thursday. “We unfortunately don’t have the victim forthe soliciting-a-child-for-prostitution charge.”

According to the complaint, a 10-year-old boy told police that Azmar offered him money in exchange for a sexual act at the Alaskan Inn and Suites on state Highway 82 on the morning of July 26.

When Azmar came to his motel room door in response to a knock by police, the mother and the boy’s father both identified him as the man who had approached their son. Azmar was drunk, police say, and did not cooperate with officers.

Burdon asked Judge Paul Currran to sentence Azmar to one year of probation and three months of jail on each misdemeanor count. He also asked the judge to order that Azmar undergo assessments for alcohol abuse and mental health.

“These events took place on a Thursday morning, at roughly 9:40 in the morning, and Mr. Azmar is out in the parking lot drinking beer and soliciting sex from a 10-year-old boy” – acts that clearly indicate personal problems, Burdon told the court.

Burdon said it would be unfair and impractical to move the solicitation charge to trial without a victim’s testimony. “But that doesn’t mean it didn’t happen,” he said.

But Andrew Martinez, Azmar’s attorney, told the court that the solicitation charge was unproved and unfounded. “He is adamant he did not solicit this little boy,” Martinez told the court.

Martinez said that Azmar had been confused when approached by the boy’s parents and police and that his confusion was heightened by a language barrier.

Azmar does not speak English and participated in the sentencing hearing Thursday with the help of an interpreter.

“This is one of those cases that causes me to reflect on my oath,” Judge Paul Curran said.

Curran said the state had no choice but to dismiss the “horrifying” solicitation charge and that the unproven allegation could not be considered for sentencing purposes.

In addition to the jail time, Curran also ordered that Azmar pay fines and court costs of about $600 and undergo assessment for alcohol and drug abuse.

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