Voyeurism trial could lack critical DNA evidence

A former local restaurant employee accused of spying on female patrons while they used the restroom is scheduled to face trial for a single misdemeanor count of “voyeurism” today in Whitley District Court in Corbin, and the race is on to obtain DNA evidence that could convict or exonerate him.
Thirty-three-year-old Islas Rodolfo was arrested in late September in the “peeping tom” case. Rodolfo was an employee of El Dorado Mexican Restaurant in south Corbin and authorities say he, along with fellow worker Gustavo Castillo, used peepholes in the ceiling above toilets in the ladies’ restroom to carry out the crime. Castillo has never been captured by police.
Both men were terminated by El Dorado’s management shortly after police executed a search warrant at the restaurant on Sept. 28. Corbin Police Capt. Tim Helton, who investigated the case, discovered three holes above the restroom during his visit. According to court documents, he collected hairs, three pieces of tissue, a watch and latent fingerprints as evidence.
An order issued Oct. 31 in the case by Whitley District Judge Cathy Prewitt allowed investigators to obtain “fluid, blood or tissue samples” from Rodolfo to see if it matched evidence collected at the scene. Helton claims the two men would crawl into the attic area of the restaurant from a small apartment located in the back of the building where they were living.
Rodolfo has remained in jail since his arrest.
Rodolfo has asserted his Sixth Amendment right for a “speedy and public trial,” something that could cause problems for prosecutors. Helton said Tuesday he did not have results in hand from the state crime lab regarding Rodolfo’s DNA samples. If the evidence isn’t ready by the time the trial is scheduled to begin (9:00 a.m. today), it could lead to dismissal of the charges.
“If the state crime lab doesn’t have it done, what can you do?” Helton said.
Police say El Dorado’s owners and managers likely had no knowledge of the alleged activities and have taken actions to correct the problem. Authorities were originally alerted to the alleged voyeurism after an unidentified female patron noticed two workers laughing when she exited the restroom. She later told a Kentucky State Police Trooper about the incident and he, in turn, notified Corbin Police.