WOODSTOCK – Prosecutors told a McHenry County judge on Tuesday that a Facebook admission about a sexual assault on a young child was not made by the girl’s father.
Defense attorneys for Isaias L. Hernandez-Bautista were seeking to introduce the post at trial as evidence that the girl’s father – who is not the defendant – admitted to molesting the girl.
A McHenry County Sheriff’s Office investigation revealed the post was in fact written by another person.
Hernandez-Bautista, 50, of Harvard, faces a minimum of nine years in prison on allegations that he had sex with the girl, who was under 13 years old at the time. She was not related to Hernandez-Bautista but was otherwise known to him.
He was charged in March 2012 and has pleaded not guilty to all charges. A trial date is set for Jan. 21.
Prosecutors have maintained that the girl’s father had his Facebook account hacked.
Assistant State’s Attorney Kate Lenhard told Judge Sharon Prather that a third person admitted to making the post, and that she would provide the court with a signed confession from the person responsible.
Attorneys on both sides declined to discuss specifics of the Facebook message or who wrote it.
The state reopened an offer tendered to Hernandez-Bautista – three years in prison on a Class 2 felony. Lenhard said in court she believes Hernandez-Bautista will reject the offer. His attorney, George Kililis, wouldn’t comment publicly on the ongoing negotiations.
Hernandez-Bautista’s next court date is Dec. 19.