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Judge keeps bond at $100,000 for rape suspect

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DEADWOOD - Fourth Circuit Judge Randall Macy on Thursday denied a Lawrence County rape suspect's request to reduce his bail bond, which would have allowed him to leave jail before trial.

Juan Miguel Otero, 22, of Chicago faces seven rape charges and seven counts of child pornography in Lawrence County. The Lawrence County State's Attorney's office has added three child pornography charges to the original indictment.

The allegations involve a Lead-Deadwood High School student between ages 13 and 16. The grand jury indictment alleges the rapes occurred Aug. 15 and 16, 2008, and Feb. 10-12, 2009. Otero has pleaded not guilty and faces up to 15 years in prison on each rape count and up to 10 years in prison on each child pornography charge if convicted.

Otero remains in custody at the Lawrence County Jail in Deadwood in lieu of a $100,000 bond.

At Thursday's bond hearing, Deadwood police officer Kip Mau and the alleged victim's mother discussed their concerns about allowing Otero to leave the county jail.

The mother testified that Otero made threats to her family before his arrest in February. Mau said Otero apparently has contacts in Illinois, Texas and other countries who could assist him in fleeing the country.

Otero is a member of the Illinois National Guard but is not on active duty. Mau said Otero is in the process of being discharged for noncompliance.

County Public Defender Eric Whitcher said Otero has no criminal history and allowing him to leave jail would allow Otero to work on his defense against the charges.

Deputy State's Attorney Amber Richey disagreed. "He has absolutely no ties to South Dakota," she said. "He has received correspondence from Estonia, Spain, Texas and Illinois. There are true concerns of his ability to not only leave the state, but the leave the country."

Judge Macy set a Sept. 1-2 trial date for the case. Otero has waived his right to a speedy trial, which allows 180 days from the time of the defendant's first appearance to bring the case to a jury.

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