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No contest plea in Penryn care-home rape, pregnancy case

13-year sentence possible for Sacramento man
By: Gus Thomson, Journal Staff Writer
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AUBURN CA - A 22-year-old Sacramento man pleaded no contest Wednesday to a rape charge and now faces 13 years in prison in connection with the sexual assault at a Penryn care home of a severely disabled woman.

The woman, who is not being identified by the Journal, subsequently became pregnant and DNA from the baby born in February proved a crucial link for prosecutors in the case.

Making just his second appearance in court after his arrest last week, defendant Marquise Montgomery pleaded no contest to one count of rape of an incompetent victim. He also admitted causing her great bodily injury during the rape, according to a statement the Placer County District Attorney’s Office released late Wednesday.

Montgomery was a caregiver at a Penryn care home for developmentally disabled adults in Placer County. But he left after the woman became pregnant and investigators took DNA samples from employees.

He was arrested Sacramento last week with sexually assaulting the victim while she was in his care.

Detectives from the Placer County Sheriff’s Office were able to identify Montgomery as the assailant by matching DNA obtained from the baby and a Montgomery family member. 

The assault victim was described in court by the District Attorney’s Office as unable to speak or communicate in other ways, blind, and unable to perform simple daily tasks without assistance.

The District Attorney’s Office alleged that Montgomery entered the woman’s room during his night shift to perform the crime some time in the spring of 2011.

The District Attorney’s Office stated Wednesday that the no-contest plea in a Roseville courtroom comes with the expectation that Montgomery will be sentenced to 13 years in state prison - the maximum allowed for the crime.

Montgomery will next appear in court Jan. 25 to determine a date for sentencing. He remains in Placer County Jail on a no-bail hold.