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Brittany Lawonn, Published March 01 2009

Rapist faces more prison time

Prosecutors are asking a judge to keep a convicted rapist behind bars because he has failed to complete sex offender treatment while in prison.

Adalpe Leal, formerly of Horace, N.D., is serving a five-year sentence for raping two girls in May 2004 while they babysat his girlfriend’s 6-month-old child.

A hearing in the case is set for March 23 – just four days before Leal is slated to be released. He is currently at the Cass County Jail awaiting the hearing.

Leal, 32, pleaded guilty in August 2004 to two gross sexual imposition charges for the rapes and to a felony sexual assault charge involving a

17-year-old girl.

In November 2004, he was sentenced to 10 years on each rape count, first to serve five years, with the balance suspended for five years of supervised probation. The sentences, along with a one-year sentence for the sexual assault, were to be served at the same time.

Under the sentence, Leal must complete sex offender treatment while incarcerated. He has refused treatment at the state penitentiary, said Tim Tausend, spokesman for the North Dakota Department of Corrections and Rehabilitation.

Leal was terminated from the Intensive Sex Offender Treatment Program for non-compliance on March 2, 2006, the petition for revocation states.

Leal’s attorney, Ross Brandborg, called the revocation attempt “nonsense.”

Cass County District Court documents state:

The May 9, 2004, attacks on the babysitters took place when they were home alone with Leal and the 6-month-old. Leal grabbed the first girl when she went into his bedroom for a diaper, the girl told an investigator.

The second girl said her assault happened in a similar way. The girls called a family friend for help after the incidents.

Leal initially told police he was drunk during the morning of the rapes and said he did not force himself on the girls.

A 17-year-old girl told investigators that on Feb. 13, 2004, Leal forced himself on her – leading to the sexual assault case.

The three incidents and Leal’s guilty pleas to them occurred while he was serving five years of supervised probation for a 2003 child abuse conviction in Cass County. In that case, Leal served one year in prison for hitting his 4-year-old son with a belt and forcing his head under water in a bathtub, court records show.

Readers can reach Forum reporter Brittany Lawonn at (701) 241-5541