Previous Story
IN SEXUAL ASSAULT CASE FILED VS COUPLE
Woman agrees to testify vs boyfriend, pleads guilty
A woman accused of aiding her boyfriend in sexually abusing a minor at a motel pleaded guilty in Superior Court yesterday.
Daisina Suda, 41, pleaded guilty to disturbing the peace as part of a plea agreement. The government agreed to drop the charge of sexual assault in the first degree as part of the deal.
Suda, who was represented by attorney Samuel Mok, will be sentenced on May 14, 2014, after the trial of Suda’s boyfriend and co-defendant, Parvej MD. Barpery, is completed.
Suda agreed to testify against Barpery.
In his judgment of conviction, Associate Judge Joseph Camacho said it is a harsh reality that prosecutors must often make reluctant plea bargains with defendants.
“This is one of those cases,” said Camacho, noting that Suda’s confessions to the police implicated Barpery.
Camacho said that Suda has a right not to testify at trial, while Barpery has a right to confront his accusers.
The judge said the Constitution prohibits the prosecutor from using Suda’s confessions against Barpery if Suda herself does not take the witness stand.
Since there is no forensic evidence such as DNA, the prosecutor relies solely on the testimony of the young alleged victim, Camacho said.
He said the prosecutor desires a case as strong as possible against Barpery, who allegedly sexually penetrated the girl.
In an effort to strengthen its case, the prosecutor wants Suda to be a government witness. To do this, Camacho said, the prosecutor can grant immunity, dismiss the charges, or enter into a plea bargain for a lower sentence.
“It is an imperfect solution to a tragic situation,” he added.
The government alleged that in May 2013, Barpery sexually assaulted the then 17-year-old girl inside a motel room in San Jose.
The government alleged that Suda aided Barpery in the sexual assault by bringing the girl to the motel, yelling at her, and physically restraining her during the sexual assault.
The alleged victim is now 18 years old.
