Man Convicted in Cold Hit Rape Case

FOR IMMEDIATE RELEASE
April 7, 2011

CONTACT:
ADA Seth Steward, DA Gascón’s Office, (415) 553-1014
Erica Terry Derryck, DA Gascón’s Office, (415) 553-1167

MAN CONVICTED IN COLD HIT RAPE CASE

SAN FRANCISCO, CA – District Attorney George Gascón announced today that Delfino Balinton, (CN 2383839), was convicted by a jury of rape, forced oral copulation and other sexual assaults and allegations.

“It took tremendous courage for this victim to return to San Francisco and take the stand in this case,” said District Attorney George Gascón. “Her bravery is an inspiration to all victims and members of law enforcement.”

After deliberating for one day, a jury found defendant Balinton guilty of forced rape in violation of California Penal Code Section 261(a)(2). The jury also found the defendant guilty of forced oral copulation in violation of California Penal Code Section 288a(c)(2), unlawful oral copulation with a person under 18 in violation of California Penal Code Section 288a(b)(1) and misdemeanor assault in violation of California Penal Code Section 240. The jury found true the allegations that the defendant kidnapped the victim in the commission of the sexual assaults in violation of California Penal Code Sections 667.61(d)(2) and 667.61(e)(1) and that the defendant has been convicted of a prior serious felony in violation of California Penal Code Sections 667(a)(1) and 667(d) and 667(e). The jury hung ten to two in favor of guilt on count one aggravated kidnapping in violation of California Penal Code Section 209(b)(1). The jury found the defendant guilty of a majority of the counts on Tuesday, April 5, 2011 and found the defendant guilty of the remainder of the counts on Wednesday, April 6, 2011.

According to evidence presented at trial, on July 21, 2001, a sixteen year old art student visiting from Montana was dragged into an alley in the South of Market neighborhood and brutally attacked. The defendant testified to a personal history of felony convictions and drug abuse. The investigation that solved the case was the result of hard work by Lt. Leydon and the members the San Francisco Police Department Cold Hit Unit.

The maximum statutory penalty defendant Balinton faces is over 50 years to life in prison. The sentencing of defendant Balinton is scheduled for Friday, May 13, 2011 at 9:00 a.m. in Department 14 before the Honorable Y. S. Cheng.

Assistant District Attorney Greg Barge prosecuted the case.  Jerdine Clarke was the victim witness advocate in the case.

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