San Martin
– Former television journalist Kevin Bonilla is trying to pull
out of a plea bargain that would send him to prison for 32 years
for sexually molesting a Gilroy girl repeatedly over the course of
five years, starting when she was 10.
San Martin – Former television journalist Kevin Bonilla is trying to pull out of a plea bargain that would send him to prison for 32 years for sexually molesting a Gilroy girl repeatedly over the course of five years, starting when she was 10.
Bonilla’s face was expressionless throughout what was scheduled to be his sentencing Monday morning at the San Martin courthouse. His alleged victim, now 16, appeared to be relaxed and smiled several times in the audience – a marked contrast to her sobbing, frightened demeanor in court July 30, when Bonilla entered his no-contest plea.
“She seems to be holding up fine,” deputy district attorney Stacy Rubino said of the girl after Monday’s hearing. “She has a very good support system.”
The girl has said Bonilla sexually molested her dozens of times, sometimes by force, starting in 1997.
Bonilla, who lived in Gilroy until his March 2 arrest, has hired new legal representation to replace Hector Ramon, a private lawyer from San Jose. Superior Court Judge Kenneth Shapero gave the Chase Law Group – a nationwide firm based in Los Angeles – until Sept. 30 to review the case.
Chase lawyer David Eyster, of Sacramento, represented Bonilla Monday and told the court his firm intends to ask for the withdrawal of Bonilla’s plea. Afterward, Eyster declined to say on what grounds Bonilla might be allowed to withdraw his plea. Ramon was also present but avoided questions.
“We’ll see what happens,” Rubino said. “Thirty-two years was a gift. He was facing significantly more.”
Before Bonilla pleaded, he was facing a maximum of two consecutive life sentences for two charges of aggravated sexual assault of a child. After discussions with Ramon, Rubino agreed to reduce the charges to two counts of performing a lewd act with a child through force, threat or duress and one count of continuous sexual abuse of a child.
Now, according to Rubino, Bonilla “wants less time.” She said she has “some indication” of what his lawyers’ grounds for withdrawing the plea are going to be, but she declined to elaborate.
Chase has assigned lawyer Richard Weese to Bonilla’s case.
“I don’t have any comment at all,” Weese said Monday when asked about possible grounds for plea withdrawal.
The burden of proof will now be on Bonilla and his lawyer. To have a guilty or no-contest plea withdrawn, a defendant must prove he did not have free judgment when he entered his plea. Changing one’s mind is not grounds for withdrawal.
At the time of Bonilla’s plea, he told Judge Ray Cunningham he was fully aware of his rights, was not under the influence of any intoxicating substance and freely chose to plead no contest.
His new lawyer will now have to prove that Bonilla was misled, improperly informed, threatened or not in command of his senses when he made this statement.
When Bonilla pleaded no contest, he agreed to a 32-year prison sentence, of which he must serve 85 percent – more than 27 years – before becoming eligible for parole.
The 48-year-old man would turn 75 in prison before his first chance at release.
