Hearing will determine length of prison sentence

A Tucson man convicted of sexually assaulting a UA student last year while she was showering could face up to 21 years in prison. after he was found guilty last month.

Esteban Rodriguez, 25, was found guilty of sexual assault last month. He is still awaiting sentencing in Pima County Jail. He has a mitigation hearing scheduled Monday morning at 10 a.m. in front of Judge Howard Hantman in Pima County Superior Court.

The hearing could be a chance for Rodriguez to ask for a lesser sentence from the judge based on any disabilities he might have had at the time of the crime.

"It could be to prove that he didn't know what he was doing or that he had a bad childhood so the judge might consider a lesser sentencing," said Deputy County Attorney Brad Roach.

Rodriguez, who was convicted March 3, declined an interview yesterday afternoon.

His attorney, John O'Brien, a public defender, could not be reached for comment.

University of Arizona Police Department officers arrested Rodriquez April 20, at a southwest side location, for entering women's showers in four residence halls, not allowing them to leave, sexually assaulting one of them and then nearly running a police officer over.

Roach's legal assistant, Dima Houpis, said the sexual assault occurred when Rodriguez lunged at and touched one of the women while she showered.

Along with the sexual assault, Rodriguez was also convicted of kidnapping, trespassing, burglary and aggravated assault.

He was originally offered a plea bargain, admitting guilt to only the sexual assault charge, but denied the deal.

"The way it worked, if he were to go to trial and lose, it wouldn't be much worse then this," Roach said.

Court records showed Rodriguez was convicted on charges of criminal trespassing in February 2002 and assault in August in Tucson City Court. According to an Arizona Department of Corrections Web site, he has never served prison time.

Roach said the trial lasted only three days, which, considering the number of charges, was quick. However, Houpis said the prosecution ran into some trouble when one of the victims couldn't pick Rodriguez out of a line-up.