Trial continuance denied in Garcia molestation case

VALPARAISO — The threat of being deported is not a reason to delay a trial, Porter Superior Judge Mary Harper told a defendant earlier this week.

The trial for Daniel Garcia, 38, will remain the week of Jan. 12 for three counts of Class C felony child molesting and one count Class D felony dissemination of material harmful to a minor.

Garcia’s attorney, Derla Gross, had petitioned for a continuance because of concerns of Garcia’s immigration status.

He’d likely be deported if there’s a chance he’ll be found guilty because he’s not a citizen, and he recently found out that his application for naturalization was dismissed without him knowing, Gross said.

The defense has previously asked for and gotten two continuances.

This new request wasn’t based on mounting an effective defense or the validity of the state’s case against Garcia, so “at this point the court will not continue the trial,” Harper said.

The charges against Garcia come from three alleged incidents that happened in the month leading to June 13, 2013.

Police arrived at the Portage home of a woman Garcia was involved with because of a call about a disturbance.

The woman said she slapped Garcia after finding him in bed with her 10-year-old daughter, touching the child.

The daughter said Garcia touched her in a sexual way twice before that, and those two times were also interrupted by a family member. The girl also said he showed her pornography. Garcia told police that he and the girl were in the bed because of a storm.