Tower rapist waives parole hearing, will remain in prison for now
The man known as the “Tower rapist” will likely remain in prison for at least another three years before he’s offered a chance of parole.
On Tuesday at Avenal State Prison, Rudolph M. Acosta, 53, waived his right to a full parole hearing. He was granted a stipulation for three more years in prison until his next parole hearing, in order to finalize his release plans and attend further therapy.
Acosta was not present at the hearing, saying he wasn’t there on the advice of his attorney. One victim of Acota’s crimes, Mirna Garcia, turned up to oppose any release along with the mother and sister of another victim and a victims’ advocate.
Garcia told the commission the rape changed her life forever. She called Acosta a coward for not attending Tuesday’s hearing.
“I’m disappointed Mr. Acosta chose not to be here today,” she told the commissioners. “He took the easy route out. To me, that shows he’s a coward and not willing to face us.”
Members of the parole commission said it was unfortunate Acosta didn’t attend the hearing, saying they would have been interested in learning whether the serial rapist had identified triggers to his behavior.
Acosta’s attorney, Johnwilly C. Osuji, said it’s typical for inmates to sometimes choose not to attend the hearings, but declined to share Acosta’s reason under attorney-client privilege.
Greg Anderson, a senior deputy district attorney for Fresno County, said it’s “very unusual” for inmates not to attend their initial parole hearings. Anderson was present during the hearing and assisted the victims and their families.
After the hearing, Acosta read a tearful general statement to the media, saying he planned to attend the meeting, but didn’t on the advice of his attorney.
“Today’s parole hearing is not about me,” he said. “It’s about the people who I caused pain and suffering…I made them feel fear inside their own home.”
Acosta added “I’m well aware of the devastating affect my crimes had on others. Had I foreseen the destructive path that would land me in prison for 28 years, I would have instead chosen a moral and decent life. I am very, very sorry.”
Arrest, conviction for rapes
Acosta admitted raping at least seven women and a teenage girl in Fresno’s Tower District in 1991. He was arrested on Oct. 4, 1991 and was sentenced to 78 years in prison after agreeing to a plea deal.
Some victims of Acosta’s crimes expressed outrage in June after learning he could leave prison before serving his full sentence. Prosecutors said they’ve seen no evidence he’s been rehabilitated, saying he’s still a threat to the community.
According to the California Department of Corrections and Rehabilitation website, Acosta was eligible for parole as a “youth offender” because he committed his offense when he was 26 or younger.
Parole hearing
The parole board granted Acosta a stipulation to return for a full parole hearing in three years, but board of parole rules and regulations allow him to petition for a full hearing in one year.
The commission chair, Peter LaBahn, noted because of changes to the law, Acosta was eligible for parole much earlier than expected.
LaBahn said the commission received letters from victims. One letter was received Tuesday morning and was simply signed “victim.” That letter was “articulate, moving,” and valuable to the hearing, LaBahn said.
During the hearing, Garcia described her life before she was raped. Her parents were farm workers, and she and her siblings worked in the fields when she was as young as 6 years old. They moved to Fresno where she attended Fresno High and other Fresno schools. She played basketball, went to prom, and had a boyfriend. She dreamed of becoming a paramedic.
She recounted the night Acosta attacked her, and the trauma of having to complete a rape kit at the hospital afterward, taking Plan B medication so she didn’t get pregnant, and completing STD tests every few months. “I relived my rape countless times,” she told the commissioners.
After the rape, she quit playing sports, dropped out of school and was kicked out of her home. “My life went past me,” she said.
Before Acosta is released, he should acknowledge what he did was wrong, seek help and accept it and have a plan for success upon release, she said. “I don’t see that Rudolph has done any of that.”
Another woman, who asked not to be named, attended the hearing on behalf of her sister, also a victim. She told The Bee her family lived two blocks away from Acosta. “My family member has made so much progress,” she said. “Acosta’s release would reverse all of that.”
Anderson said all the victims in the case were contacted and opposed Acosta’s release.
Outcome of hearing
Overall, Garcia and the victims’ family members said they had mixed emotions about the outcome.
“By not seeing Mr. Acosta today, in some respects, that was a relief,” Anderson said, saying it could cause trauma and revictimize them. “On the opposite side, they didn’t get the ability for him to hear, in live testimony, their concerns and how he’s victimized them, and how he’s affected their lives and continues to affect their lives in negative ways.”
Garcia said she wished Acosta would have attended the hearing so she could’ve heard his statement.
Anderson said the victims and family members who came forward were courageous and brave, and he credited Garcia for rallying community support. Because of her efforts, the Fresno City Council, Fresno County District Attorney Lisa Smittcamp, Fresno Police Chief Jerry Dyer and state senators Melissa Hurtado and Cathleen Galgiani all submitted letters to the parole board.
“Hopefully this is a sign to other victims of crimes that standing up to this type of activity and opposing release on parole is something that can be successful,” Anderson said.
“While it takes courage, it is something that a community can come together behind, as Fresno did in this case.”
This story was originally published July 30, 2019 at 12:29 PM.