By Craig McKee
SAN DIEGO (CBS8) - It's a case that involves fleeing and alleged molestation and abuse of children, but now before the trial can move forward there's a new charge that's complicating things for one of the defendants.
Anita Kaczmarczyk will sit in jail without bail as the case over four counts of sexual abuse and molestation against children takes another twist.
"We learned that my client had been allowed to travel to Mexico," said Kaczmarczyk's defense attorney. Who also told Judge David Szumowski that the Bondsman knew about her trip out of the country.
However, while down in Mexico the Deputy District Attorney, Lucy Weismantel says Kaczmarczyk got into a little trouble with Mexican authorities.
"Mrs. Kaczmarczyk was being held on charges of robbery," she said in court on Thursday.
That detainment in Mexico kept her from a jury trial on July 28th and subsequently issued the no bail warrant, which ultimately brought her back across the border this past week to face those eight charges.
Both Anita Kaczmarczyk and her husband Mark Kaczmarczyk stand accused of molesting children between the ages of a few months to just over two years, while operating a daycare. The investigation into those allegations began back in 2007.
"Considering the nature of the charges I believe she is a risk to the community and I would ask for no bail," Weismantel said.
Kaczmarczyk's original bail was $150,000 and the District Attorney's office says this time around the court can't take a chance that she leave the country for good.
"She's looking at 60 years to life and she has a certain incentive to flee," said Weismantel. "Her husband had previously fled to Taipei which is a country with no extradition treaty."
Mark Kaczmarczyk may have bought a one way ticket to Taipei in 2008, but the District Attorney's Office negotiations had him on a place back to San Diego. His bail is now set at two million dollars as he awaits trial.
In the meantime, the Deputy District Attorney told the court that keeping Anita Kaczmarczyk behind bars is in the best interest of everyone.
"Considering the nature of the charges I believe she is a risk to the community," said Weismantel.
Judge Szumowski ordered a bail hearing for November, 10th to discuss Kaczmarczyk's bail situation after further evidence is levied from Mexican authorities.
The Defense says they are awaiting a letter from Mexican police to explain how robbery charges were dropped and that she was detained at the time of the July trial.
Both Anita and Mark Kaczmarczyk will be tried jointly on February 7th. If convicted they face sixty years to life on child molestation charges and an additional eight years per charge of child abuse.
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