"The victim's description of the attack evokes his five prior rape and sexual assault convictions overseas, where he spoke to his victims with a tone and confidence that signaled that he not only was consciously ignoring their refusals to sex, but that their pleas to stop sexually excited him. A trial brief filed by the Santa Clara County District Attorney's Office states that in some of the previous crimes, he reportedly taunted victims about how no one would believe their rape claims."
"Norwegian judges and juries in six instances found him guilty of rape, and he served nearly a decade in jail and prison. He was also the subject of several other sex crime allegations that passed muster with judges but ended with jury dismissals. O'Garrow's attorneys with the county Public Defender's Office have argued repeatedly in court and in legal filings that allowing his convictions in Norway to count as prior offenses locally is more prejudicial than probative and violates his due process."
Emari O'Garrow, 47, is accused of inviting a woman to his San Jose apartment on Feb. 1, 2022, under the pretense another couple would be there and then raping her when it was only the two of them. A judge ruled that his prior rape and sexual assault convictions in Norway may be used against him at sentencing if he is convicted, which could increase his exposure to a life sentence. Norwegian judges and juries found him guilty in several instances and he served nearly a decade in custody. Defense attorneys argue using the foreign convictions is prejudicial and violates due process, citing differences in Norwegian law such as nonunanimous jury verdicts. The victim is listed as Jane Doe in court records and opening trial statements are expected this week.
Read at www.mercurynews.com
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