"Emari O'Garrow, 47, is accused of coaxing a woman into coming to his apartment, where he allegedly forced himself on her and raped her. 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. They contend that the way the convictions were secured is not equivalent to U.S. criminal law, particularly the fact that jury verdicts do not have to be unanimous in Norway."
A California man, Emari O'Garrow, 47, faces trial for allegedly raping a woman in San Jose after allegedly luring her to his apartment under the pretense another couple would be present. A judge ruled that his serial rape convictions in Norway can be used as prior offenses at sentencing if he is convicted, potentially exposing him to life in prison. Norwegian courts convicted him of rape in six instances and he served nearly a decade in jail and prison; other allegations led to jury dismissals. Defense attorneys argue admitting the foreign convictions is more prejudicial than probative and violates due process because Norwegian jury verdicts need not be unanimous.
Read at The Mercury News
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