DA seeks molestation conviction reversal

Although a state court overturned a Belmont man’s child molestation conviction because jurors heard about a previous acquittal on similar charges, San Mateo County prosecutors are hopeful the California Supreme Court will consider reviewing the decision.

The state Attorney General’s Office has 30 days to decide if it will accept the appellate court’s reversal and send the case of Jose Pinon Urbina back to San Mateo County or ask the state Supreme Court to reconsider the decision.

"We strongly believe the previous incident should have been admitted into the trial. We argued for it and we stand by that,” said Chief Deputy District Attorney Steve Wagstaffe.

The First District Court of Appeal held 3-0 that the 2007 trial of Urbina was tainted by prosecutors citing a 2003 acquittal on similar charges.

In its decision Tuesday, the appeals court held that Judge John Runde should not have allowed in the acquittal as evidence. Without the information, the court stated there was a "reasonably probable” likelihood Urbina would have been similarly acquitted in the latest trial.

In March 2007, a jury found Urbina, then 36, guilty of four felonies for molesting two girls, ages 8 and 9, in a Belmont apartment complex. The younger girl testified that on Sept. 17, 2005, Urbina touched them both on the stomach and buttocks after approaching them in the laundry room of the apartment complex and engaging them in a game of hide-and-seek.

Urbina conceded he touched one girl on the backside with a newspaper but said there was no lewd intent. To prove sexual motivation, the prosecution raised his 2003 trial at which a 10-year-old girl claimed he kissed and rubbed her in a different laundry room. Jurors acquitted Urbina in that case.

Urbina was found guilty after an eight-day trial and Judge John Runde later found true the special allegation of multiple victims which carries a life term.

Three months later, Runde sentenced Urbina to two 15 years to life terms to be served concurrently. Runde also stayed sentences for two remaining counts and ordered Urbina to register as a sex offender and pay restitution to the two young victims.

Urbina remains in prison.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.