Jury finds man guilty in Valpo rape

Police defend investigation in two attacks

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VALPARAISO | A jury deliberated a little more than an hour Wednesday afternoon before convicting a 21-year-old man of raping one Valparaiso University student and attempting to rape another.

Arturo Garcia-Torres, an illegal immigrant from Mexico, was found guilty of Class B felony counts of rape, attempted rape and two counts of burglary.

He is to be sentenced at 1 p.m. Nov. 14 by Porter Superior Judge Roger Bradford.

Each of the counts carries a potential sentence of between six and 20 years behind bars.

Valparaiso Detective Lt. Tom Horn testified earlier in the day that his department had been given somewhat different descriptions of the man or men responsible for the attacks.

He told the jury, however, there were enough shared characteristics to lead them to Garcia-Torres.

Defense attorney Visvaldis Kupsis challenged the accuracy of the investigation by repeatedly questioning Horn as to what shared characteristics there were beyond that both attackers were Hispanic males.

Kupsis pointed out there was an age difference between the two descriptions and attempted to distinguish the physical builds of the men as well. But Horn said both women described the man as thin and one added he had a muscular build.

Kupsis told the jury Tuesday the charges against Garcia-Torres are based on a hastily done investigation by a police department under pressure to find the person responsible for the high profile attacks on the Valparaiso University students.

In addition to differences in the physical descriptions, he said a cell phone that helped lead police to Garcia-Torres was recovered several blocks away from the crime scene and in the opposite direction of where the attacker reportedly fled.

Deputy Prosecutor Cheryl Polarek presented DNA evidence Wednesday that she said linked Garcia-Torres to the crimes.

Kupsis made a failed attempt Wednesday to persuade Bradford to throw out the DNA evidence, arguing police collected the mouth swab from Garcia-Torres without his explicit consent or a warrant.

Horn said when he showed Garcia-Torres the swab, the young man shook his head in agreement and opened his mouth.

Upon questioning from Kupsis, Horn said Garcia-Torres did not verbally give his consent. Kupsis said Garcia-Torres, who had a translator in court with him this week, does not speak English.

The rape occurred July 18, 2004, at an apartment on Homer Court and the attempted rape occurred June 12, 2005, at an apartment on Garfield Street, both in Valparaiso, according to reports. The attacker got away in both instances.

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