Rapist's refusal to apologize leads to longer sentence in Wappinger case
Emily Stewart
Poughkeepsie Journal
November 30, 2010
A 57-year-old Ecuadorean man who raped a 23-year-old woman in her Town of Wappinger apartment was sentenced to 10 years in state prison after he would not apologize to the victim in court Monday.
Hector Sancho-Hernandez of the Chelsea Ridge Apartments in the Town of Wappinger will be deported after serving his sentence.
Sancho-Hernandez entered a guilty plea in Dutchess County Court on Sept. 15 to first-degree rape, a felony.
He acknowledged he entered the woman's apartment around 8:30 p.m. July 17, 2009, pushed her onto the couch and forced her to have sexual intercourse. In exchange for his plea, he was promised a sentence of no more than 10 years in state prison.
Dutchess County Assistant District Attorney Kristine Hawlk read the victim-impact statement for the woman who stood next to her, tears coming down her face.
In the statement, the victim said her now year-and-a-half old baby was present when the rape occurred. The baby had just undergone open-heart surgery and was suffering from congestive heart failure.
"This woman was home alone in her apartment with her newborn son," said Hawlk, who called the case "every woman's worst nightmare."
Hawlk said the victim rebuffed Sancho-Hernandez the first time he showed up at her door. This time, he showed up to give her a small gift bag. She opened the door just wide enough to see who was outside, while balancing her son and keeping a foot on the door, Hawlk said.
Hawlk said the victim knew if she dropped the child, in his condition, it could kill him, so she made the decision to turn and place the baby in a safe place. While she did that, Sancho-Hernandez entered her apartment and raped her, Hawlk said.
"She made the ultimate sacrifice as a mother and saved her son, and faced the consequences herself," Hawlk said. "He went to the door, he didn't get want he wanted, and he took it."
Hawlk asked the court to sentence Sancho-Hernandez to 10 years in prison and 20 years post-release supervision.
Sol Lesser, the lawyer for Sancho-Hernandez, said, it "leaves one in a quandary" how this man could have committed this crime.
Lesser said his client grew up in Ecuador, where he came from a well-to-do family. He married, received a bachelor of science degree, went to law school, was a "superior athlete" and raised three children.
"He did everything he could to better the lives of others," Lesser said.
While the event "clearly occurred," his client did not go to the woman's home to cause trouble, Lesser said.
"Whether he was rebuffed or not, in his mind, it was not so," he said. "His actions have affected the lives of two families. … There's no excuse for that."
Lesser asked the judge to take into account his client's age and poor health and said he would be "fodder" in state prison.
"He's going to have a tough time just surviving," Lesser said.
Sancho-Hernandez spoke through a translator.
"I want to thank God at this difficult time in my life," he said. "I hope to be out to be with my family very soon. Especially my children and my adored grandson. And may God bless you, Your Honor.
"I want to ask forgiveness of my daughters. They supported me at ever minute, at every step," he said.
Lesser whispered to Sancho-Hernandez that he should apologize to the victim, but he did not.
"This is an inexplicable case in many ways," Hayes said. "You apparently did a lot of positive things in your life, Mr. Sancho-Hernandez."
Hayes said he came in with the idea to sentence Sancho-Hernandez to a little less than the 10-year maximum, but was convinced otherwise because Sancho-Hernandez refused to apologize to the victim.
"Mr. Lesser suggested you might want to do that," Hayes said.
As Sancho-Hernandez was taken away, a woman sitting in the courtroom, crying, yelled, "Dad, we love you."
Then, as she left the room, she shouted an expletive at the victim.
http://www.poughkeepsiejournal.com/article/20101130/NEWS05/11300321/Rapist-s-refusal-to-apologize-leads-to-longer-sentence-in-Wappinger-case