Woman charged with having sex with kids takes plea deal

Erica D. Johnson

Wednesday, Dec. 10, 2003 | 9:30 a.m.

The local woman prosecutors say used her religion to justify sex acts with two minor children negotiated her case with prosecutors on Tuesday, moments before she was set to testify in her trial.

Marjorie Escareno, 32, was set to defend herself against 16 felony charges in connection with the sexual abuse of an 11-year-old boy and 9-year-old girl.

But during a court recess on the second day of her trial, Escareno pleaded guilty to two counts of sexual assault with a minor under 14.

In exchange for her guilty plea, prosecutors Lisa Luzaich and Giancarlo Pesci agreed to drop 14 felony charges, which included kidnapping and open and gross lewdness.

Escareno entered the plea pursuant to an Alford decision, which means she maintains her innocence but does not want to risk going to trial.

She faces 20 years to life in prison on each count when she is sentenced before District Judge Joseph Bonaventure on Jan. 26.

Defense attorneys Maile Esteban and David Amesbury had maintained that Escareno's extreme religious beliefs made her believe it was OK to have a sexual relationship with the children.

Escareno was expected to tell jurors about those religious beliefs on Tuesday, Esteban said.

Pesci said the state agreed to the negotiations, even though they believed they had built a strong case against Escareno.

"(A conviction) is never definite," he said. "But I felt we had met our burden of proof."

Authorities say Escareno forced the children to engage in multiple sex acts with her and a male friend after she brought the children from North Carolina to Las Vegas in October 2001.

She is also charged with forcing the children to have sex with each other.

Escareno took the deal on the same day the 11-year-old testified against her. The 9-year-old had testified in the trial late Monday. Both children said the woman had sexually abused them and forced them to engage in sex acts with each other. Escareno had also told police when she was arrested that she had engaged in sexual activity with the children. In a statement to jurors read by her attorney, Escareno said she believed she was being "persecuted" because Satan feared her.

Luzaich said Escareno also told the 11-year-old that "he was the second coming of Christ."

Bonaventure said the woman had undergone a series of psychological examinations after prosecutors and defense attorneys had argued about her competency.

Bonaventure had determined that Escareno was competent to stand trial, which means she was capable of helping her attorneys with her defense.

Bonaventure said he came to the decision after giving the matter "a lot of thought."

"Even though she has some delusions, I determined that she was competent to stand trial," he said. "Some things are for the jury to decide."