NEW ULM — After three hours of deliberation Thursday, a Brown County District Court jury of seven women and five men found a 19-year-old Le Sueur man guilty of felony third and fourth-degree criminal sexual conduct and gross misdemeanor fifth-degree criminal sexual conduct.

Malachi H. Rodriguez’ sentencing was set for 1:15 p.m. Tuesday, July 13. Bail without conditions was set at $50,000; no bail with conditions that include no leaving Minnesota without written court approval and no contact with victims. Rodriguez signed a waiver of extradition. A pre-sentence investigation was ordered.

Assistant Brown County Attorney Andrea Lieser said the jury trial included the hard work of a very collaborative effort of everyone involved including the jury.

Testimony in the criminal sex jury trial of Malachi Rodriguez concluded Thursday with a few twists and turns.

Charges stem from the night before a New Ulm wedding August 8, 2020, in which the alleged victim said Rodriguez sexually assaulted her in a New Ulm Econo Lodge room early in the morning.

At first Thursday, Rodriguez said he agreed to give up his right to testify, then agreed to take the stand after the morning break.

Brown County District Court Judge Robert Docherty denied Mankato defense attorney Patrick J. Casey’s request for acquittal of the felony third and fourth-degree criminal sexual conduct charges which Casey said the State failed to show sufficient evidence for.

Assistant Brown County Attorney Andrea Lieser said Rodriguez continued to make sexual advances towards the alleged victim after she told him to stop.

Lieser said the alleged victim was scared of what would happen if she tried to stop Rodriguez, that she felt violated and “dead inside” and that Rodriguez created an atmosphere of fear that was affirmed by two other witnesses.

Docherty also denied Lieser’s request to amend the complaint to include another third-degree criminal sexual conduct charge but said he would allow additional rebuttal witness testimony Thursday.

Rodriguez, a groomsman in his father’s wedding, testified he asked his cousins if he could sleep in Econo Lodge room for the night instead of staying with his father at the Best Western Plus in New Ulm.

In addition, he testified a cousin he was sleeping next to at the Econo Lodge bumped him several times in the middle of the night, scooted towards him, helped him disrobe, and they had sex for a minute or two.

Rodriguez testified he was ashamed for what he did, having sex with his cousin, the night before the wedding.

He denied allegations of “prior things” with his female cousins in Willmar and Mankato when he was seven or eight and 15 or 16 years old, which his cousins testified Tuesday caused them to not want to sleep near him.

Lieser called two female rebuttal witnesses to the stand Thursday. One denied sleeping with Rodriguez but said he tried to climb into an air mattress she was sleeping on about 10 years ago, when she was seven or eight years old.

Another female witness testified she did not bump Rodriguez or try to get close to him the night of August 7, 2020, at the New Ulm Econo Lodge. She testified that she didn’t feel him touch her while she was sleeping, roll over towards him or help Rodriguez roll down his shorts that night.

In her final argument, Lieser asked the jury to remember they don’t have to see rain to know it rained outside.

“Agreeing to sleep in the same bed with someone doesn’t equal consent,” said Lieser. “The actual time on the clock doesn’t matter as to what happened in the hotel room. Mr. Rodriguez had sex with his cousin without any questions asked. She just froze. Fear can make you do that.”

Lieser said the defense wants the jury to set aside common sense and that Rodriguez’ first cousin wanted to have sex with him and that they touched each other prior to that.

Defense attorney Casey said Rodriguez wasn’t the guy the girls avoided, that he was the guy they wanted to hang out with, that he drove them around and they agreed to stay in the hotel room with him.

“I ask you to consider all the facts,” said Casey.

Lieser said victims can’t always avoid perpetrators, but the victim said “no.”

The defense argument that there was no signs of a struggle or damaged clothing were not needed to find Rodriguez guilty of the charges.

Fritz Busch can be emailed at fbusch@nujournal.com.