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Man in BBC Sex Assault Pleads No Contest, Trial Looms For Second Suspect

Rojas, in custody since arrested, could walk Monday night.

A former British Bankers Club employee pleaded no contest Monday to felony accessory in a sex assault case that happened in the Menlo Park bar, but is still heading for a March trial for the second and primary defendant. 

Moises Rojas, 26, of Sunnyvale, and Juan Gustavo Robles-Alejo, 29, of Redwood City, appeared in San Mateo County Superior Court Monday afternoon for a pre-trial conference dealing with charges they sexually assaulted two woman in the upstairs BBC lounge on June 9. Both men are former BBC employees and were arrested a few days later.

Under the deal, Rojas received three years probation — including search and seizure penalties — but got off without prison time since he has served 259 days in county jail, District Attorney Steve Wagstaffe said. Both men have been in custody on $50,000 bail each since their arrests.

Rojas admitted Monday to one count of misdemeanor sexual battery and to the more serious crime of standing lookout at the top of the stairs while Robles-Alejo allegedly fondled the women's breasts and genitalia. Known in legal circles as digital penetration, Robles-Alejo could land eight years in state prison if convicted. He has pleaded not guilty and will go to trial on March 21. 

"He can still plead no contest," Wagstaffe said.

Attorneys Armando Garcia and Maria Fonseca, who represent Rojas and Robles-Alejo respectively, could not be reached for comment. 

The victims, one of whom was a BBC waitress, were both intoxicated and went upstairs to talk and then fell asleep. One of the victims allegedly woke up during the assault to find Robles-Alejo allegedly penetrating her with a foreign object and fondling her genitalia, according to prosecutor notes. After the two victims went to police, detectives arrested the two suspects a few days later as they were clocking in for work.

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