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Cerebral Palsy - Back to News Menu
Gypsum cerebral palsy patient acquitted after 17 months in jail
Fabian Vazquez was acquitted Tuesday of charges that he tried to sexually assault a boy on a bus.
Veronica Whitney
June 15, 2005 - EAGLE - To Fabian Vazquez, who has cerebral palsy, his 17 months in jail were an injustice, his brother Jorge Vazquez said Wednesday.
First, came the accusations Vazquez had attempted to touch a 14-year-old on a bus. Then, he was arrested and spent nearly a year-and-a-half at the Eagle County jail charged with a felony. Then came the first trial last month and a hung jury.
Though Fabian Vazquez, 24, of Gypsum, finally was acquitted Tuesday after a second trial, his legal problems might not be over. Today the Sheriff's Office is scheduled to transport him to Denver and hand him over to immigration authorities.
Jorge Vazquez said that, at first, his brother didn't know what he was accused of.
"Fabian had a very hard time in jail," he added. "He cried a lot and had panic attacks. It was very difficult for everyone.
"My mom was desperate that something could happen to him in jail," he added. "People with disabilities like him shouldn't be in jail, but in a different place."
'Of Mice and Men'
Fabian Vazquez, who was acquitted of attempted sexual assault on a child - a charge that can send someone to prison for six years, was accused of trying to touch a 14-year-old boy's penis on a bus going from Avon to Eagle.
But his attorney, Jim Fahrenholtz, said the alleged victim misinterpreted Fabian's intentions, who has a hard time communicating verbally.
"We had special education teachers from Battle Mountain High School who said (Fabian) touches people often times to get their attention," Fahrenholtz said.
The defining moment in the case came when the teen-age boy testified, Fahrenholtz added.
"He said he was afraid for his life when he was on the bus with Fabian," Fahrenholtz said. Fahrenholtz said Fabian made the boy think of a character in a book the boy had recently read at school, 'Of Mice and Men,' in which a mentally retarded man accidentally kills a woman.
"That's why the kid got scared and misinterpreted what (Fabian) was trying to do," Fahrenholtz said.
'Trying to communicate'
For Fahrenholtz, and another local defense attorney who asked not to be named, the prosecution should have dropped the case when the first trial ended without a verdict.
"Eight jurors voted to acquit and four to convict," Fahrenholtz said. "On Tuesday, it took this jury two hours to acquit Fabian."
District Attorney Mark Hurlbert couldn't comment for this story because he was out of town Wednesday.
Though Fahrenholtz believes the law has to apply equally to people who are and aren't disabled, he said prosecutors should take into account whether someone's disability has caused misinterpretation.
"You have to prosecute people equally," he said. "But our theory of defense was that this kid was trying to communicate."
Immigration issues
So far, the Vazquez family, who came from Mexico 12 years ago, has spent $30,000 defending Fabian. And it's not over yet.
Though he was acquitted Tuesday night, Vazquez was ordered by immigration authorities to remain at the Eagle County jail. Though he has lived in the country for 12, and his whole family is close to getting residency status soon, Fabian Vazquez could have trouble staying in the United States.
Jorge Vazquez said the family already has an immigration attorney lined up in Denver.
"We don't have any family in Mexico anymore," Jorge Vazquez said. "If they send him back there, I don't know who would take care of him."
Staff Writer Veronica Whitney can be reached at 949-0555, ext. 454, or vwhitney@vaildaily.com.
Teenage Boy Hopes For Better Conditions
Teenage Boy Hopes For Better Conditions.
Will Frampton reports.
(Columbia) - “Sometimes I say a little prayer for them trying to get me up and down the stairs safely,” says 13 year-old Darren Hodge.
Darren suffers from Cerebral Palsy. In his house, there are no bedrooms downstairs, so every day begins, and ends, with a difficult trip up and down the stairs.
“Daily living for Darren is very, very complicated," said his mother, Doris Hodge.
For a while, a handicapped chair took Darren up and down the stairs with no problem. But about a year ago, it gave out. Ever since then, his brother, mom and caretaker have been switching off taking him up and down the stairs everyday.
“The solution is to get someone to maybe add on to the back porch and make it more handicapped-accessible for Darren,” his mother said.
But for 62 year-old Doris Hodge, who adopted Darren and his four brothers, money is an issue. She says, at this point, she could never afford to add a room downstairs. That's why we introduced her to Mike Cook, an experienced builder.
Mike came by their house to help them pull a plan together. He believes he can help Doris turn her porch into a room for Darren. But they know it'll take some serious fund-raising.
Darren just wants to give his family a break from the daily routine.
“They've been with me through the good times and the bad, of course, and they help me a lot,” said the 13 year-old.
Mike Cook is looking for others to help in the project. If you'd like to help the family, give us a call at 803-647-0251 and we'll tell you how you can contribute.
Will Frampton, Reporter
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