By JAMES BELL
Hays Post

After a morning of juror selection starting with 90 potential jurors, 12 jurors and two alternates began hearing testimony from Fort Hays State University Police Officer Joshua Fleenor in the trial of Fernando Insaurralde Cantero, 20, Paraguay.

Cantero pleaded not guilty in December to suspicion of rape, aggravated criminal sodomy and aggravated burglary stemming from an incident that police said occurred on the FHSU campus in September of last year.

Fleenor testified as a state’s witness during the day’s proceedings before Judge Glenn Braun ended testimony for the day prior to a defense cross-examination.

Fleenor was questioned by Crystalyn Oswald, Assistant Ellis County Attorney.

During testimony, Fleenor testified about the investigation that began after the victim reported the alleged assault to Title IX officials, residential life officials and law enforcement at FHSU.

Fleenor testified he was first notified of the alleged rape by Rebecca Peterson, director of residential life, on Sept. 22, two days after the incident had allegedly occurred. The delay was a result of the alleged victim initially not wishing to report the incident to police, he testified.

Interviews were conducted on Sept. 25.

During the interview, Fleenor testified the victim said she was alone in her dorm room after a night of heavy drinking at house parties off campus.

Meanwhile, the victim said Cantero and a fellow classmate were opening doors throughout the women’s areas of the dorms, looking to see if anyone wanted to “hang out.”

Sometime after 3 a.m., Cantero reportedly  found the victim in her dorm room, entered and took a drink from a water bottle containing vodka in the room. The victim then began kissing Cantero and, at that point, his companion left after Cantero closed the door, Fleenor testified.

Both Cantero and the victim told investigators, according to Fleenor, that they did not know each other and that no conversation took place.

But that is where the stories begin to differ.

The victim told investigators she woke up with Cantero on top of her, scared, but knew not to fight back. After the incident, she began texting others to find out what had happened – and who it was that had been in her room.

Fleenor said Cantero told investigators that she motioned for him to come inside and, after kissing the victim, proceeded to have consensual sex.

But, initial conversations between Cantero and law enforcement were difficult, Fleenor said, as Cantero was unable to communicate with officers in English.

“It was clear from the beginning there was a language barrier,” Fleenor said.

During court proceedings, Cantero has used the services of a translator.

After securing a translator for the police investigation, Fleenor said Cantero told them he was looking for his dorm room keys while searching the dorm hallways when he came upon the alleged victim.

During Fleenor’s testimony, jurors also saw surveillance video from the dorm that corresponds with the time and locations that were testified to by Fleenor.

Testimony is set to continue at 8:30 a.m. Tuesday.