Orange County District Attorney
Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701
For Immediate Release
May 22, 2009
Susan Kang Schroeder
INTERNET CHILD PREDATOR TO REQUEST TERMINATION OF JAIL SENTENCE BY JUDGE
*The OCDA will oppose convicted sex offender’s attempt to shirk 6-month sentence after serving only two weeks in jail
WESTMINSTER – The Orange County District Attorney’s Office (OCDA) will appear in court this afternoon to oppose a motion by a convicted sex offender, who is trying to modify his 6-month sentence after serving only two weeks in jail. Pharmaceutical technician Robert Carlos Alarcia, 32, Los Angeles, was convicted April 24, 2007, of attempting to meet a fictitious 13-year-old girl with the intention of having sex with her after exchanging explicit sexual messages over the Internet. Alarcia was found guilty by a jury of one felony count of attempted lewd act on a child under the age of 14. The Honorable David Hoffer sentenced the defendant to 180 days in jail over the objection of the People, who advocated for three years in state prison.
The People will object to the defense motion to modify probation for Alarcia to be released from jail today, Friday, May 22, 2009, at 1:30 p.m. in Department W-18, West Justice Center, Westminster.
On Feb. 18, 2006, Alarcia engaged in an explicit sexual conversation over the Internet with a person he believed to be a 13-year-old girl. Alarcia was actually exchanging messages with a citizen volunteer from Perverted-Justice.com, a group aimed at protecting children from Internet sexual predators. Alarcia exchanged explicit messages with the fake 13-year-old, including discussing sexual positions, marijuana use, and arranging to meet the child for sex. The defendant drove from Los Angeles to Laguna Beach with the expectation of meeting the fictitious young girl. He arrived at the location he believed to be her home with condoms in his car and a pornographic movie in his jacket. Alarcia was arrested in the hallway as he attempted to go and meet the 13-year-old. When interviewed by officers as to why he was at the location, he responded that it was “obvious.” A subsequent psychological exam showed that Alarcia had measurable arousal when dealing with pre-pubescent girls.
On Aug. 24, 2007, Alarcia was sentenced to 180 days in jail over the objection of the People, who had requested that the defendant be sentenced to three years in state prison. The Honorable David Hoffer released Alarcia, also over the objection of the People, on bail pending an appeal. On Oct. 22, 2008, the Court of Appeal affirmed the conviction. While Alarcia, a convicted sex offender, was out on bail, the defense filed numerous appeals, delaying the service of the sentence by the defendant. The OCDA objected to these delays.
At the request of the defense and over the objection of the People, the court recommended home confinement for Alarcia on March 20, 2009. The Orange County Probation Department, which has the responsibility of assessing the danger a defendant poses to society and has sole discretionary authority to approve electronic monitoring and home confinement, considered and denied the court’s recommendation, as well as three subsequent appeals by the defense. The Orange County Probation Department found Alarcia to be unsuitable for home confinement.
On May 8, 2009, Alarcia turned himself in to the Orange County jail to begin serving his 180-day sentence. The defense has since filed a motion, which will be heard today, requesting that the court terminate Alarcia’s jail senten