Crime Watch

Apr 14, 2014 5:03 PM by Q2 News

Griego guilty on all counts

BILLINGS - A jury has found Toby Griego guilty on all 27 counts.

Griego, 42, was convicted for a string of home-invasion rapes that happened over seven months last year.

The trial in Yellowstone County District Court before Judge Russell Fagg began with jury selection on April 2. Testimony at the trial, which included all four rape victims, began April 7.

The jury began deliberations Monday at about 11:15 a.m. The panel announced it had reached a verdict about three hours and 15 minutes later.

Griego showed little reaction to the verdicts. He faces a possible life sentence.

A sentencing hearing will be scheduled later. Griego remains in the county jail on a $1 million bond.

During closing arguments Monday morning, prosecutors and defense attorneys gave jurors different accounts of the strength and weaknesses of their case.

Chief Yellowstone County Attorney Rod Souza began closing arguments by saying:

"A stranger in your bedroom as you sleep. It's every women's worse nightmare. For (the victims) it was reality."

Each side had 70 minutes to give closing arguments.

Souza held up Griego's cell phone and delivered five "uncontroverted facts" about the phone.

1. He told them there is no doubt the phone belonged to Griego. Several witnesses gave testimony last week and confirmed it was his phone.

2. While Griego owned the phone, no one else used it, Souza told the jury.

3. "Images of all four victims being kidnapped, raped or stalked, are on his phone."

4. All of the photos of the rapes that took place are time stamped on the phone.

5. Audio from the videos was played back to the jury. Souza told the jury the person heard in the videos matches Griego's voice. Also, a freeze frame from a video proves it was Griego committing the crimes.

"He can sit here and he can shave and he can put on a little pair of glasses. But that's him," Souza said. "There is no question there is no doubt he committed all of these crimes."Souza reviewed the similarities of the four assault cases:

He said they were committed in the middle of the night or early morning when the victims were most vulnerable.

The suspect entered the homes undetected.

The victims were in their bedrooms and pictures or videos were taken of them.

The victims were forced to bathe and all four had their rooms gone through.

All four victims had their cell phones stolen.

The suspect wore gloves during the assaults.

The statements the suspect made to the victims during the assaults were similar.

The perpetrator had information about three of them showing they were stalked.

The suspect cleaned up the victims and took items of evidence with him.

Souza recapped evidence of Griego's shoe print at the scene of the May assault and the July victim recognizing Griego's voice from an audio recording.

Souza acknowledged the fact there was no DNA or finger prints at the scene.

"Of course, because he was so good at it," Souza said.

The defense has argued that because there was no DNA left at the scene, Griego isn't connected to the crimes.

"They want you to reward him because he has perfected his craft as a serial rapist," Souza said.

Souza said while Griego got rid of all evidence, the only mementos he kept were the photos on his phone so he could go back and review them.

Souza is now taking the time to review all 27 count and explain why Griego should be found guilty on all charges.

Souza explained to the jury that a trial is being held because it's Griego's right.

"You may be asking yourself what am I missing? Why are we here? There must be something else. No, there's not. It really is that simple. The evidence is absolutely overwhelming."

He finished by showing the jury a photo of the May victim crying in the shower, with blood streaming down her face.

"This photo sums it up. That is the face of pain, that is the face of terror."

Then Souza put up a photo of Griego.

"And this is the face of evil," he said. "Do your duty and hold him accountable for the pain he afflicted."

Greigo's public defender, Thomas Bartelson, began the closing argument for the defense at 10:45 a.m.

Bartelson told the jury the state failed to prove its case.

"We have weaknesses in the state's case," he said.

Bartelson said there are counts which can not be proven because there are no photos or videos of the specific incidents described by the victims.

He also told the jury that Griego is accused of stealing items from the victims homes but there is no proof or evidence that he took them.

Here are the charges and verdict:

Count 1: Felony Sexual Intercourse Without Consent - guilty

Count 2: Felony Sexual Intercourse Without Consent - guilty

Count 3: Felony Sexual Intercourse Without Consent - guilty

Count 4: Felony Sexual Intercourse Without Consent - guilty

Count 5: Felony Sexual Intercourse Without Consent - guilty

Count 6: Felony Sexual Intercourse Without Consent - guilty

Count 7: Felony Robbery - guilty

Count 8: Felony Aggravated Kidnapping - guilty

Count 9: Felony Assault With Weapon - guilty

Count 10: Felony Attempted Sexual Intercourse Without Consent - guilty

Count 11: Felony Aggravated Kidnapping - guilty

Count 12: Felony Sexual Intercourse Without Consent - guilty

Count 13: Felony Sexual Intercourse Without Consent - guilty

Count 14: Felony Robbery - guilty

Count 15: Felony Robbery - guilty

Count 16: Felony Robbery - guilty

Count 17: Felony Aggravated Kidnapping - guilty

Count 18: Felony Intimidation - guilty

Count 19: Felony Sexual Intercourse Without Consent - guilty

Count 20: Felony Sexual Intercourse Without Consent - guilty

Count 21: Felony Robbery - guilty

Count 22: Felony Robbery - guilty

Count 23: Felony Aggravated Kidnapping - guilty

Count 24: Felony Intimidation - guilty

Count 25: Felony Aggravated Assault - guilty

Count 26: Felony Aggravated Assault - guilty

Count 27: Misdemeanor Surreptitious Visual Observation or Recordation in a Residence - guilty

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