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Superior Court Judge Patrick J. Roma revoked bail for Marvin Flores-Gamez and sent him to the Bergen County Jail to await sentencing, scheduled for Dec. 13, on convictions of improperly touching the victim’s breasts and vagina to degrade or humiliate her while achieving sexual arousal or gratification for himself.
Flores-Gamez, who was also found not guilty of impairing the morals of a minor by sexual conduct, will be evaluated as a sex offender at the Adult Diagnostic and Treatment Center in Avenel, Roma said.
Flores-Gamez listened closely but showed no reaction while receiving the verdict through a Spanish interpreter. Families on both sides of the case seemed confused at first then accepted the decision quietly.
Assistant Bergen County Prosecutor Marybel Mercado Ramirez reserved comment but tearfully told colleagues: “Justice was served.”
Meanwhile, defense attorney Landry Belizaire called the verdict bittersweet
It “was clearly a compromise between two polarized camps within the jury,” the defense lawyer told CLIFFVIEW PILOT. “We are interpreting the verdict as a victory for the defense because our client was acquitted of the most serious charge.”
Flores-Gamez nonetheless faces five to 10 years on each of the two sexual contact convictions, Belizaire conceded.
The girl, now 14, testified during the two-week trial that the 5-foot-7, 175-pound Flores-Gamez put a pillow over face and told her to “be quiet. Just be quiet” after convincing her to come to his home in November 2011. With his other hand, she said, he pulled off her jeans and panties and had sex with her.
“I told him no, no — but he didn’t listen,” the 4-foot-10-inch youngster testified. “And he didn’t stop until I bit him on the shoulder, hard.”
Belizaire contended that the rape was “planted” in the girl’s mind by investigators.
“They provided the information, gave this little girl the story: ‘Oh by the way, did you have sex? A man on top of a woman?’ And my client was charged,” he said.
Although Flores-Gamez insisted that he didn’t have intercourse with the victim, prosecutors said the acts that he admitted to constitute sexual assault under the law.
“Marvin Flores pursued and romanced this 12-year old girl, and his purpose was to engage in sexual intercourse with her,” Ramirez told jurors.
The girl’s father broke down on the stand during the trial when he described her telling him what happened.
During her testimony, the girl recalled how she’d known Flores-Gamez from around the neighborhood, then was convinced by him that November 2011 to cut middle school and hang out in Fairview. READ MORE….
STORY / PHOTOS: Mary K. Miraglia, CLIFFVIEW PILOT Courthouse Reporter
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