The Newberg Graphic Online

Daily will be first to face trial in child sex abuse case

Public safety — Defense attorney says he can’t consider waiving his client’s right to a speedy trial until he receives discovery

• By: Laurent Bonczijk  
• Published: 10/13/2009 5:24:51 PM

   The man arrested Sept. 11 in connection to a child sex abuse case is set for trial Nov. 10 in Yamhill County Circuit Court.
   Appearing in front of Judge John Collins Monday, Darrin Daily, on the advice of his attorney, Al Hansen, didn’t waive his right to a speedy trial, which in Oregon means within 60 days of arrest.
   Hansen told the judge that it was impossible for him to properly counsel his client on the best course of action as he hadn’t received evidence from the district attorney’s office through the discovery process. Deputy district attorney Lisl Miller told Collins that she was still awaiting a report from the Newberg-Dundee Police Department detective parsing through electronic devices seized last week from Daily’s Newberg residence.
   Hansen also asked that Daily, 44, who is being held on $2 million bail in the county jail, be released on his own recognizance because of the delay in presenting discovery evidence. Collins denied that request.
   Daily, accused of sexually abusing two teen-age girls and a 4-year-old child, will see both cases combined. He faces a total of 52 charges for the two cases, including several Measure 11 charges that carry stiff mandatory minimum sentences if he is found guilty.
   Also arrested in connection to that case were Patricio Moreno, 43, of Forest Grove; Robert Thompson, 34, of Portland; David Garcia, 41, of McMinnville; and Alisa Nice, 31, of McMinnville.
   NDPD detectives say they answered a Craigslist ad posted by Daily that invited adults to have sex with the girls. In a press release issued last week, NDPD Lt. Kosmicki wrote that the abuse came to light when a 15-year-old girl reported it to police.
   In the same release, Kosmicki wrote that officers had found pictures of the girls engaging in sexual activities with adults and with Daily’s dog. There were also pictures of one of the girls being tied up, allegedly for Daily’s sexual gratification.
   Daily is charged with six counts of using a child in a display of sexually explicit conduct; two counts of first-degree sexual abuse; two counts of sexual assault of an animal; three counts of delivery of a controlled substance (marijuana) to a minor; 18 counts of third-degree rape; five counts of third-degree sodomy; six counts of second-degree sexual abuse; three counts of endangering the welfare of a minor; and one count each of first-degree online sexual corruption of a child, first-degree encouraging child sexual abuse and third-degree sexual abuse. He was also charged with two counts of using a child in a display of sexual content and three counts of first-degree sexual abuse for his alleged abuse of the 4-year-old girl.
   Thompson is charged with three counts of using a child in a display of sexually explicit conduct, three counts of third-degree rape, and two counts of second-degree sexual abuse. His charges also include Measure 11 crimes. He is being held in the county jail on $750,000 bail.
   Garcia, arrested Oct. 2, was charged with four counts of second-degree sexual abuse and two counts of third-degree rape. He posted bail on $100,000 and appeared in court last Friday.
   Moreno, arrested Monday, was charged with four counts of second-degree sexual abuse, two counts of third-degree rape and two counts of third-degree sodomy. He is being held in the jail on $100,000 bail.
   Nice is charged third-degree sodomy, third-degree sexual abuse, display of a child in sexual conduct, and second-degree sexual abuse. She is held on $160,000 bail.
   Most of the suspects will have their next pretrial hearing Oct. 26.

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