WILLMAR -- Jose Abelardo Rodriguez, 55, of Willmar, pleaded guilty Tuesday in Kandiyohi County District Court to one count of criminal sexual conduct.
As part of the plea agreement, 10 additional felony counts, for the alleged sexual abuse of two girls, ages 10 and 16, against Rodriguez will be dismissed. The plea came just as a two-day jury trial was set to begin.
Rodriguez's plea was entered as an Alford plea, in which a defendant does not admit to the crime but agrees that there is sufficient evidence to prove the elements of the offense. It is still recorded as a guilty plea.
Additional conditions of the plea include that the defense and prosecution attorneys are free to argue at sentencing the length of sentence Rodriguez will receive. The maximum sentence is 25 years for second-degree criminal sexual conduct and the minimum is 90 months, according to the court file.
The dismissed charges include five first-degree and five second-degree criminal sexual conduct counts. According to the complaint, the charges stem from a police investigation that began May 29 after police were called to a home along the 800 block of Sixth Street Southwest.
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A witness told officers he overheard the girls talking and crying in a bedroom and entered the room to find out what was going on. The older girl told him that she discovered Rodriguez and the younger girl in an inappropriate sexual position earlier that day. The girl said Rodriguez had the younger girl straddling his lap and that he was touching her body and breasts.
In an interview with police, the 10-year-old told authorities Rodriguez had touched her sexually more than one time and that he told her not to tell anyone.
The police investigation continued and revealed that the 16-year-old girl was also abused by Rodriguez when she was between the ages of 9 and 11. The alleged abuse included inappropriate touching, kissing and attempted sexual intercourse with the girl.
According to the complaint, Rodriguez told jail staff at his booking that he was HIV positive. Police investigated that and found out that he had been treated for active HIV/AIDS through a Willmar clinic since 2000 and was treated in the Twin Cities prior to 2000.
Rodriguez's sentencing date is Oct. 15.
