United States District Court, D. Hawaii
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING
EVIDENTIARY HEARING HELD ON JULY 12 AND 13, 2018
E. KOBAYASHI UNITED STATES DISTRICT JUDGE
matter arises out of an indictment filed against Defendant
Leonardo Delos Reyes Pizarro (“Defendant”) on
November 21, 2017. Defendant plead guilty, pursuant to a plea
agreement, to one count on March 12, 2018. Defendant filed
objections to the draft presentencing investigation report
filed on May 10, 2018. As a result, an evidentiary hearing
was held on July 12 and 13, 2018 regarding (1) the factual
issue of whether the victim's testimony is credible as to
Defendant knowingly using force and/or fear under 18 U.S.C.
§ 2241(a) and/or § 2242, and (2) whether the
Government carried its burden of proof as to the factual
Court's findings of fact and conclusions of law are as
the evidentiary hearing, Plaintiff the United States of
America (“the Government”) called one witness,
known by her initials as “D.Y.” and who is the
victim in the instant offense, and Defendant called two
witnesses, Juliana Stoaks (“Stoaks”) and Francis
three witnesses testified truthfully and gave credible
Defendant and the three witnesses, as of October 27, 2017,
were all employees of the Pride of America, which is a United
States flagged vessel, and operates as a cruise ship.
Defendant and Pelante shared a cabin on the cruise ship in
which there were two bunks.
Defendant's cabin had tight quarters with two bunks
consisting of one bunk that has a single-sized bed mattress
and the other which is a double bunk bed with a single-sized
bed mattress on each level, and all of the bunks each have
privacy curtains which can be drawn around the bunk.
[Defendant's Ex. 5-6, 9-10, 12].
There is about 21 inches between the single and double bunk
Pelante's bed was the single bunk, and Defendant's
bed was the lower bed of the double bunk bed.
Earlier on October 27, 2017, the date of the offense, D.Y.
and Defendant had made plans to meet in Defendant's
October 27, 2017, D.Y. voluntarily entered Defendant's
Stoaks and Pelante were already in the cabin and in
Pelante's bed with the curtains drawn across the bed when
D.Y. entered Defendant's cabin.
D.Y. knew that Pelante and Stoaks were in Pelante's bed
when she entered the cabin, believed that they were sleeping,
and knew that Stoaks would need to wake up in order to report
to work at 10:00 p.m.
D.Y. testified that Defendant closed the curtains around his
bunk and slid her into his bed. He proceeded to kiss her and
to pull at her clothing, and then to take off some of her
clothing and repeatedly touched her breast and vagina.
D.Y. resisted and continuously told Defendant
“no” and to stop but he did not.
D.Y. felt paralyzing fear because of Defendant's actions
in kissing her, taking off her clothes and touching her
breast and vagina after she resisted his touch and told him
“no”, inserting his fingers, mouth and then his
penis in her vagina, and she continuously resisted, tried to
squeeze her legs shut so that he could not access her vagina,
and repeatedly stated that she wanted him to stop.
D.Y. was unable to get up off the bed and leave because
Defendant held her thigh down and was on top of her using his
body weight so that she could not get up.
D.Y. felt paralyzing fear when Defendant pulled her legs
apart and inserted his penis into D.Y.'s vagina.
D.Y. heard Stoaks' alarm ring and heard noises that she
interpreted as Stoaks waking up and getting ready for work.
Pelante and Stoaks were in Pelante's bed with the
curtains drawn when they heard D.Y. enter the cabin, and they
were not surprised that she came to the cabin and met
After D.Y. entered the cabin and until Stoaks' alarm
rang, neither Pelante nor Stoaks left Pelante's bed or
opened the curtains drawn around Pelante's bed.
Pelante and Stoaks heard kissing and other sounds which they
believed were consistent with sexual activity taking place in
Defendant's bed, and they believed Defendant and D.Y.
were having consensual sex.
Pelante felt that something wrong was occurring, he would
have left his bed and taken some kind of action to stop it
because he was taught in the armed forces to do so.
After her alarm rang, Stoaks got up from Pelante's bed
and walked past Defendant's bed but did not see anything
because the curtains were drawn around it and went into the
bathroom to get ready for work.
After Defendant withdrew his penis from D.Y.'s vagina, he
released his hold on her thigh and was no longer pressing
down on her with his body weight, and D.Y. got out of
Defendant's bed and left the cabin.
Stoaks and Pelante never spoke to D.Y. nor saw her
face-to-face during the time that D.Y. was in Defendant's
October 29, 2017, two days after the offense occurred, D.Y.
underwent a sexual assault medical examination and was
observed to have two red marks on her chest area below her
breasts. [Def.'s Ex. 3.]
D.Y. believes that the marks were caused by her bra being
pressed down on her when Defendant was using his body weight
to hold her down on October 27, 2017.
D.Y. did not notice the marks prior to the medical
examination although she does look at her body every day.
November 21, 2017, Defendant was indicted on five counts:
Aggravated Sexual Abuse-Force, in violation of 18 U.S.C.
§ 2241(a)(1)(Count 1), Sexual Abuse-Fear, in violation
of 18 U.S.C. § 2242(a)(1) (Count 2), Abusive Sexual
Contact-Force, in violation of 18 U.S.C. §
2244(a)(1)(Count 3), Abusive Sexual Contact-Fear, in
violation of 18 U.S.C. § 2244(a)(2)(Count 4), and
Abusive Sexual Contact-Without Permission, in violation of 18
U.S.C. § 2244(b)(Count 5). [Dkt. no. 19.]
Defendant entered a plea of Not Guilty to all counts at his
arraignment on November 21, 2017. [Dkt. no. 18.]
withdrew his previous plea of not guilty and entered a plea
of guilty to Abusive Sexual Contact-Without Permission, in
violation of 18 U.S.C. § 2244(b)(Count 5) on March 12,
2019 (dkt. no. 54) and thus has admitted to committing the