A man accused of sexually assaulting a girl who is now pregnant was ordered held in jail Friday.
Fredy Hernandez, 25, allegedly fled the state after finding out the 12-year-old was pregnant.
He was arrested in Norristown, Pa., with a fictitious Social Security card and green card, and a Guatemalan passport, according to the allegations.
Defense attorney John Bjorklund said that while "it sounds as though it was difficult to locate" his client, it does not mean there is a clear connection between the investigation and the move to Pennsylvania to live.
Hernandez, who worked as a full-time landscaper while in Atlantic City, has no criminal record and there seems to be no corroborating evidence at this point in the case, Bjorklund told the judge.
Assistant Prosecutor Louis Casadia there are text messages and an intercepted phone call that backs the states case. Additionally, a DNA test will be performed on the baby after it's born.
"There wasn’t any intimidation that we know of," Bjorklund said, painting the allegations as one incident in April that happened within a 24-hour period.
"I don’t know whether you can say this or I should say this but it appears to be some sort of consensual act, despite the victim was 12 years old," he added.
The case falls under the Jessica Lunsford Act, which calls for 25 years to life in aggravated sexual assault of a child younger than 13.
That also meant that the presumption was to hold Hernandez, with the defense having to prove a case to have him released.
"Unfortunately, for this young man, this is a case where Lunsford does apply," Bjorklund acknowledged.
The judge said the defense did not overcome that burden.
Hernandez talked to the girl over social media, grooming her before the assault, Judge Dorothy Garrabrant said.
"His actions were predatory and opportunistic," she added. "Had the victim not become pregnant, his criminal conduct would have certainly continued unabated."
Hernandez listened to the proceedings through a Spanish interpreter.
