The Nebraska Court of Appeals has upheld a district court ruling denying post-conviction relief for a Scottsbluff man found guilty in 2007 of getting a 15 year old girl drunk and then sexually assaulting her at a local motel.
James Delgado , who was 54 years old at the time of the assault, had argued he had an ineffective trial and appeal counsel. Delgado claimed the attorneys had failed to consult a medical expert witness to counter the state’s expert testimony, had failed to challenge the truthfulness of his statements to police or offer favorable DNA evidence at trial.
Delgado is in the midst of serving a 24 to 36 year prison sentence.
Court documents say Delgado was staying with the victim’s uncle when she was taken to the residence on a non-school day by her mother in April of 2007. Delgado talked the teen into driving him to a liquor store where he purchased beer and hard liquor. He then got the victim drunk while they driving around and took her to the motel where the assault occurred. The next day the mother had her daughter see a doctor, who reported the alleged sexual assault to police and Delgado was arrested.