Malanche's fate now in hands of a Fresno jury

FRESNO, Calif.

Jose Malanche swung his fist around his head during this police interview as detectives asked him how he hit the 62-year-old woman he's accused of raping.

The victim was collecting cans in an alley when someone jumped her, punched her several times, and sexually attacked her. In the middle of the neighborhood's trash, the victim was left for dead.

"What on earth would possess a man to do this to an innocent 62-year-old woman? You really go to the depths of human capability to answer that question, if there is an answer," said Gabriel Brickey.

Eight months after the crime, DNA evidence led police to Malanche and prompted the taped confession. Police also convinced Malanche to write an apology to the victim, which an officer read in court.

Jose Jauregui read out loud, "If I were in front of you, I would ask you for forgiveness on my knees with all my heart. Please forgive me kind lady."

But Malanche's public defender says he made up his confession. She also questioned the DNA evidence an investigator testified pointed at Malanche.

Deborah Girard said, "He could not say that was Mr. Malanche's DNA. He could only say Mr. Malanche could not be eliminated."

Prosecutors say the chances the DNA came from anyone other than Malanche are one in 890 quadrillion. That's 890 million times one billion. If he's convicted, Malanche could be facing life in prison.

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