Woman sentenced for child sex

Tuesday, Jan. 27, 2004 | 9:27 a.m.

District Judge Joseph Bonaventure on Monday told 32-year-old Marjorie Denee Escareno she was "evil" and sentenced her to two concurrent life sentences for sexually assaulting two children.

Escareno had claimed her religious beliefs commanded her to perform sexual acts with the 11-year-old boy and 9-year-old girl.

Escareno negotiated her guilty plea with prosecutors Dec. 9 after the children testified against her in the trial. Prosecutors dropped 14 other felony charges, including kidnapping and open and gross lewdness, for Escareno's plea to two charges of sexual assault with a minor under 14.

Escareno entered the plea pursuant to an Alford decision, which means she maintains her innocence, but acknowledges there is enough evidence to convict her. Escareno plans to appeal on religious grounds, defense attorney David Amesbury said.

"It's Ms. Escareno's conviction that state law is abridging her constitutional right with regard to her religious beliefs," Amesbury said after court. "We will be appealing that issue to the Nevada Supreme Court.

"Granted it is a stretch, but that's what Escareno wants us to appeal on her behalf."

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

Escareno believed God had told her to perform the sex acts and that they served as a baptismal rite that would "guarantee them eternal life," Amesbury said. Escareno also said there was foundation for these beliefs in the Bible.

Bonaventure said he did not understand the religious argument, calling Escareno the "antithesis of religiousness and motherhood."

"I can't see the Supreme Court reversing this decision and saying it's OK to have sex with children," Bonaventure said. "If they do that, I'll resign tomorrow."

Luzaich asked Bonaventure to sentence Escareno to consecutive life sentences so that she would not be available for parole for 40 years, citing the severity of her crimes and the irreparable harm done to the children.

"There's nothing in the Bible that says it's OK to have sex with (children)," Luzaich said.

Escareno made no visible expressions during the sentencing hearing. She stood briefly and told the judge "I have nothing to say," before being sentenced.

Escareno has the possibility of parole after 20 years but will have to register as a sex offender and faces lifetime supervision under her sentence.

Bonaventure had found Escareno competent to stand trial after several psychological evaluations.

Escareno would not let her attorneys use an insanity defense, Amesbury said.

"Hopefully," Amesbury said, state officials will "get some psychiatric help for her."