UPDATE: Jury gets instructions in ‘arroyo molester’ case

Posted at: 01/22/2013 11:29 AM
Updated at: 01/23/2013 3:11 PM
By: Tracy Dingmann, KOB.com

Closing arguments are expected Tuesday afternoon in the rape trial of a man accused of raping an 11-year-old boy in an Albuquerque arroyo.

The jury in the trial of Genaro Sandoval received jury instructions Tuesday morning. Sandoval is accused of raping the boy at gunpoint in August of 2003.

Prosecutors say his DNA was found inside the boy’s shorts. There are a total of five cases against Sandoval involving the rape or molestation of boys, but this case is a separate trial because of DNA evidence.

Sandoval's DNA became available in 2007, and tests came back that showed the DNA on the victim's shorts matched Sandoval.

Police executed a search warrant on Sandoval's home in Gallup and found a pistol, video camera, hoodie and the defendant had glasses similar to the victim's description.

But the defense argued to the jury that DNA cannot stand alone and noted that neither the victim nor another witness identified Sandoval as the attacker.

The victim, now in his 20’s, took the stand and testified against Sandoval.

After closing arguments, the jury will get the case.

Stay with KOB for updates.