A Mays Landing man accused of sexually assaulting a 9-year-old girl was ordered held in jail Tuesday.
Enmanuel Rodriguez, 31, faces charges including aggravated sexual assault and child endangerment in the case.
The girl, who is now 11, came forward in January, according to information released in court. The alleged abuse was in March through August of 2021.
The girl said Rodriguez told her mother he was taking her to the movies with his girlfriend. Instead, they went to the movie alone.
They also went to his friend's home in Mays Landing, where the two "got unclothed and engaged in sexual acts," according to the affidavit of probable cause obtained by BreakingAC.
He told her not to tell anyone because it would ruin his life, the affidavit states.
In a recorded conversation obtained during the investigation, Rodriguez admitted to sexual contact at the second movie and that the two had sexual conversations via Discord and Snapchat, according to the affidavit. Those conversations included video where he was in his underwear and she was in her bra.
The following details of the hearing's arguments may be upsetting to some.
Defense attorney Louis Charles Shapiro presented the snapshot of a text between the girl's mother and Rodriguez's sister indicating that the two had not had sexual intercourse. But the first-degree charge was backed up by the victim's allegation that they had oral sex, which counts as penetration, Chief Assistant Prosecutor David Ruffenach countered.
Shapiro also cited a portion of the investigation that indicated when the doctor examining the victim asked if this had happened before, she said yes.
The doctor did not question her further. But Shapiro indicated that this could mean there was an "alternate perpetrator."
That caused Judge Patricia Wild to cut him off.
"You have got to be kidding," she said.
"It's offensive," Ruffenach added.
The public safety assessment, which helps determine whether a defendant is held under bail reform, had Rodriguez at the lowest scores, but still recommended he not be released.
"I’ve long been disturbed by the algorithm that would find a first-degree aggravated sexual assault case to be a one-one," Ruffenach told the judge. "Treated as a least serious thing when it’s the most serious crime we have other than murder."
He did acknowledge that Rodriguez had no prior criminal history, which weighs heavily in the PSA's scoring.
Rodriguez "used some trickery to get himself alone with a 9-year-old and end up with her at the movies where he sexually assaulted her," Ruffenach told the judge. "This is more than just a chance encounter. He's an extreme risk to all children. He’s a danger to this specific victim."
Ruffenach also expressed concern that the text messages between the victim's mother and his sister "walks a fine line on obstruction."
"I don’t think you can just generalize because there’s been communication about an alleged traumatic event that that would lead to some sort of obstruction," Shapiro countered.
He argued that Rodriguez could safely be released at the highest level of monitoring, noting that he has a job at Planet Fitness in Egg Harbor Township and his family lives in Mays Landing.
But Rodriguez had not worked at Planet Fitness since Jan. 5, when employee records show he was terminated.
Ruffenach said even with Rodriguez in jail, he worries about his potential for obstructing the case.
In the text messages, the victim's mother tells Rodriguez's sister that "she was and is scared that you guys are gonna blame her because she loves you guys and she was very confused about everything that took place," Ruffenach said, quoting the text.
The judge agreed that releasing Rodriguez could endanger the victim.
"I believe that there is a threat to this child if this defendant is released," she said. "And I believe there is the potential of witness intimidation if the defendant is released."
Rodriguez will remain in the Atlantic County Justice Facility.
