Judge In Maple Grove Rape Case: 'Some Sense Of A Relationship'

MAPLE GROVE, MN — The man who raped a 14-year-old girl in a McDonald's cooler was given a sentence that is less than the Minnesota state sentencing guidelines. Judge Jeannice Reding sentenced Andrew Otero Albertorio, 25, to 120 months, or 10 years. Prosecutors were seeking 144 months.

Reding gave several reasons for departing below the minimum, arguing that "the crime is less onerous than usual," and that "there was a limited supervisory role, no predatory action."

Judge Reding also said, "there was some sense of a relationship on behalf of the suspect and victim."

Assistant Hennepin County Attorney Rachel Kraker argued for 12 years in prison, stating that the victim was working under the authority of Otero Albertorio as manager: "We see not only that he was in that position, but he used that authority for his own sexual purposes."

Kraker also stated that Otero Albertorio did not exhibit remorse throughout the case. In court Monday, Otero Albertorio apologized for the harm done to the victim and her family.

Assistant Hennepin County Attorney Rachel Kraker argued for 12 years in prison, stating that the victim was working under the authority of Otero Albertorio as manager: "We see not only that he was in that position, but he used that authority for his own sexual purposes."

Kraker also stated that Otero Albertorio did not exhibit remorse throughout the case. In court Monday, Otero Albertorio apologized for the harm done to the victim and her family.

According to the criminal complaint, on Jan. 2, Maple Grove police responded to a report of a sexual assault of a 14-year-old girl. Her parents told police that their daughter worked at McDonald's and that her 24-year-old manager had sexually assaulted her on numerous occasions.

The girl began working at the restaurant last summer. She reported that her manager, Albertorio, would often flirt with her at work, according to police.

In November, Albertorio attempted to kiss her, but she pushed him away and said she believed it was wrong because he was so much older than her and he was also her manager, investigators said.

Albertorio discussed having sex with the girl, but she told him she did not want, according to police.

She stated that Albertorio was respectful of this until early December when he cornered her in the cooler at McDonald's, authorities said.

She said she did not want to have sex with him, but felt pressured into the act, according to investigators. Albertorio pulled down her pants and raped her, the complaint states.

Over the course of the next month, Albertorio assaulted the girl in numerous locations, according to authorities.

Read the criminal complaint below: