Acquittal in Polson rape charge

POLSON — A District Court jury acquitted a Washington man of rape while finding him guilty of tampering with evidence in a three-day trial concluding on April 22 at the Lake County Courthouse.

Ismael Orduno, 22, was accused of dragging a woman into the men’s bathroom of a local Polson bar around closing time last July and raping her.

The Grandview, Wash. man was also originally charged with robbery for allegedly taking money from the victim’s purse, but those charges were dropped upon further investigation.

According to court documents, the victim alleged that on July 28, 2008, around 2 a.m. she got up from the bar and was walking down the hallway to the bathroom when a Hispanic man grabbed her by the arm, pulled her into the bathroom and knocked her down before proceeding to rape her.

A surveillance camera in the bar captured the victim and suspect on tape that evening and was used in court by Orduno’s attorney Solomon Neuhardt to argue that no forceful actions had taken place. Neuhardt described that the female reportedly paused to check if the coast was clear and then took his hand and followed him into the restroom willingly.

A police affidavit stated that Orduno was at the bar that night with another Washington man, Roberto Valles, who told investigators that Orduno had come out of the bathroom and told him he had sex and was “worried” someone might think it was non-consentual and turn him in. That’s when Orduno reportedly asked Valles to trade shirts with him to avoid being identified by police — this act of course leading to his evidence tampering charge which carries a maximum penalty of up to 10 years in prison and $50,000 in fines.

Orduno is currently out on $25,000 bail and scheduled to appear in court for sentencing at 9 a.m. on May 27.