Action 4 News has learned that man who met a 10-year-old girl at the mall and snuck into her house to have sex with her was on probation for a aggravated sexual assault of a child case at the time of the crime.
Authorities said the original case happened in 2005 with a 13-year-old girl.
Brownsville police said the 10-year-old girl in this new case was repeatedly sexually assaulted by Saucedo before getting caught by the girl's older brother and sister.
Chuck Mattingly with the Cameron County District Attorney’s Office said Saucedo was placed on probation and even violated it before striking again.
Prosecutors filed a motion to have Saucedo jailed after admitted to violating the terms his probation during a December 2008 hearing.
"Our office has said all along that we had a concern whether or not he would be having contact with young children or possibly the defendant or even having contact with the original victim,” Mattingly said.
Saucedo also admitted to leaving Cameron County for seven months and not attending a mandatory sexual offender program.
But even with this information, Mattingly said Judge Arturo Nelson failed to make a decision.
"That motion to adjudicate was filed by the state back on April 29, 2008 and has been set and reset no less than nine times in the 138th district out with Judge Arturo Nelson,” Mattingly said.
There were several factors that contributed to the delays, including a change in defense attorney for Saucedo as well as scheduling conflicts.
When both sides appeared in court in May of this year, Judge Nelson had Saucedo placed in the county jail for 30 days.
Saucedo was released on a personal recognizance bond and the motion to revoke it was reset again with no decision.
About two months after that hearing, Saucedo was arrested and charged for a second time with the sexual assault of the 10-year-old girl he met at the mall.
“For some reason this case just keeps getting continued, the he's put in jail pending a decision, then he gets released on a $10,000 dollar bond,” Mattingly said. “This is a terrible thing. I mean some 10-year-old little girl out there will never be the same because of this.”
Action 4 News tried to contact Judge Nelson but he did not return calls for comment as of Thursday evening.
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