Man pleads not guilty to sex abuse

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The Pleasant Grove man who police say sexually abused 10 women at a nursing home facility pleaded not guilty Tuesday, and his attorney has asked a judge to suppress the main evidence in the case: his client's own confession.

Jesus Partida, 34, who confessed in the summer of 2005 that he sexually abused the women at the care facility in American Fork, will head to trial. Partida, who, court documents show, confessed to abusing the women from June 2003 to February 2005 while he worked at the Heritage Care Center, is looking to throw out his confession.

Many of the victims suffered from dementia or Alzheimer's disease and several are now deceased.

Joseph Jardine, Partida's lawyer, filed a motion Monday to suppress the confession. In the motion, Jardine lists several reasons as to why Partida's confession to the abuse should be thrown out. The defense attorney alleges his client was never read his Miranda rights and asked for an attorney while police were questioning him, but was never given one.

"Apart from the defendant's statements, no other evidence whatsoever exists in this case" that indicates any harm was done by someone's criminal activity, according to the motion.

Citing a 2003 case, Jardine said Partida's confession alone is not enough evidence to convict him. Before a defendant's confession can be entered into court proceedings, the prosecution must provide "substantial independent evidence" that proves the defendant's guilt.

Prosecutor David Sturgill said he will need to prove the confession was trustworthy, and he believes it is. The entire case is based on the confession, so if it's thrown out, the case will go with it.

If 4th District Judge Steven Hansen sides with this motion to suppress, then that will essentially throw out all evidence in the case, Jardine said. Defense and prosecuting attorneys are slated to argue the motion on Sept. 26. Partida is scheduled to head to trial in October. Jardine would not comment on whether there is a plea deal in the works.

Partida, who is facing 11 counts of forcible sex abuse and four counts of forcible sodomy, is being held in the Utah County Jail on $75,000 bail.

Katie Ashton can be reached at 344-2548 or kashton@heraldextra.com.

This story appeared in The Daily Herald on page A1.

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