By JAMES BELL
Hays Post

During the fourth day of the trial of Fernando Insaurralde Cantero, 20, Paraguay, both the state and the defense wrapped up their cases. Now the jury will be given the case Friday after hearing closing arguments and jury instructions.

On Thursday, the jury heard testimony from Cantero, who before testifying was reminded that it within his rights to refrain from doing so.

Cantero pleaded not guilty on charges of suspicion of rape, aggravated criminal sodomy and aggravated burglary on Dec. 10. While both parties agree sexual activity took place, Cantero claims the activity was consensual.

During questioning, Cantero spoke through a translator, giving testimony about his activities during the night of Sept. 20.

During earlier testimony, Brandon Mitchell, 21, Wichita, and Joseph Herrington, 19, Minneola, both testified they had been with Cantero that evening as Herrington and Cantero opened doors in the female section of a Fort Hays State University dormitory. But during testimony Thursday, Cantero said he was only going along with the other two men.

He said he, “had no idea what they were talking about,” as they traveled floor-to-floor and room-to-room. He also said he had never spoken to either of the two men as he cannot speak English.

Cantero also said Herrington was opening the female dorm room doors – including the door of the alleged rape victim.

After initially passing by the room after finding the alleged victim asleep, both Cantero and Herrington returned to the room. Cantero testified at that point he waved at her and “she told me to come in with her hand.”

Briefly after entering the room, he and the alleged victim began kissing, he testified. Herrington then left.

Earlier testimony focused on the alleged victim having consumed alcohol during the evening, leading to vomiting in the room. Cantero testified, however, that he could not tell if she had been drinking and smelled no vomit in the room or on the alleged victim.

After describing the details of the sexual encounter, he was asked why there was no conversation held between the two.

“I couldn’t speak to her because I don’t speak English,” Cantero said.

That language barrier was also the primary reason he said he did not know Herrington or Mitchell, as he could not communicate with either of them.

Herrington testified earlier he had hung around Cantero four or five times and considered him a friend.

Whatever the relationship between the men may have been, Cantero said he initially lied to investigators about his reason for opening doors throughout the dorm was to protect the other two men.

Cantero claimed on Sept. 29 to have been alone the night of the alleged rape, searching the dorm for his missing keys. Thursday, he admitted that had been a lie to keep Herrington and Mitchell out of trouble.

During Thursday’s testimony, however, he claimed Herrington was jiggling dorm room door handles first and Cantero followed suit  because he thought it was funny.

“I was simply copying what (Herrington) was doing,” he said.

He also said Herrington lied when he testified Cantero opened the alleged victim’s door.

Closing arguments and jury instructions are set to begin at 8:30 a.m. Friday.