Advertisement

Twice convicted rapist on trial in Saratoga County for failing to register as a sex offender

April 06, 2017 06:15 PM

BALLSTON SPA - Wilfredo Diaz seems at home in court.

Laughing and joking during his trial, the 44-year-old is a twice-convicted rapist.

In February, a jury found him guilty of two counts of predatory sexual assault for raping a woman on the side of Nelson Ave in Saratoga Springs.

Advertisement – Content Continues Below

The conviction carries a maximum sentence of 50 years to life.

Diaz, whose last known address is Whitehall, was also convicted of rape in 2002 and ordered to register as a sex offender following that conviction.

When he was arrested last August police found that Diaz hadn't notified the state of where he was working at the time.

Failing to properly register as a sex offender was one of the original charges against Diaz in August, but the judge separated that charge because it would've have shown the jury in his rape trial that Diaz has a history of being a sex offender.

Which brings us back to this week's trial.

"This is not a referendum on sex offenders. That's not the purpose of this trial," Diaz's attorney, Joseph Hammer, tells the jury.

"He's aware of what he has to do and he doesn't do it," assistant district attorney Victoria Graf counters during her summation to the jury.

The trial takes more than four days of time and resources to decide the lowest level felony for a 44-year-old man already facing up to life in prison.

District Attorney Karen Heggen saying Diaz insisted on going to trial and she wasn't going to dismiss or reduce the charge just to get it resolved.


"The defendant's history and the most recent conviction speak volumes as to the type of person this is," Heggen said.  "The facts are there. Just because someone's been convicted of other crimes doesn't mean they're not responsible for additional acts."
 

Credits

Mark Mulholland

Copyright 2017 - WNYT-TV, LLC A Hubbard Broadcasting Company

Advertisement
Advertisement
Advertisement
Oquendo found guilty in 2015 Troy murder of Noel Alkaramla

Landslide prompts state of emergency in three Columbia County communities

In Depth: Sextortion

Thanksgiving fixings cost less this year in NY, says survey

Hudson River in Capital District consistently tests high for fecal bacteria in report

Advertisement