A registered sex offender who was attacked by a girl's father and arrested by San Diego police in an alleged kidnapping in Oak Park, faced a judge Wednesday.
Francisco "Frankie" Diaz is accused of entering the 3-year-old's bedroom after breaking the window screen and raping her before taking her to his home two doors away, San Diego police said.
The Deputy District Attorney said Diaz's mother saw him carrying the baby naked from the waist down and returned her to her home.
When officers arrived, Diaz had been injured in an altercation with the girl's father. Her father was in court Wednesday and could be heard crying when details of the case were read.
Diaz pleaded not guilty to five felony charges, including kidnapping, threat to cause death, lewd and lascivious acts with a minor and sodomy with a minor. He is being held without bail.
If convicted he could spend the rest of his life in jail.
Officials who track sex offenders in San Diego County say they knew Diaz was living on the Maple Street, the same street as a school and a park but say he was compliant under the law.
Diaz served four years in state prison for false imprisonment and possession of a controlled substance beginning in 2007. He also had been convicted of misdemeanor charges of molestation involving juveniles.
When the 46-year-old sex offender was released from custody, he was required to register on the Megan's Law website, which he did.
But when NBC 7 looked on the site's neighborhood map, Diaz did not show up at his Oak Park address.
Attorney Marc Carlos told NBC 7 that is not unusual.
“The more serious ones are listed by address but there are a large number of people who are registered sex offenders who don't necessarily have to do that by law,” Carlos said.
There are three categories or levels of reporting for sex offenders on the Megan’s Law website by full address, zip code and no post at all.
Based on Diaz’s criminal record he was required to give only his zip code.
The San Diego County SAFE Task Force tracks offenders. They told NBC 7 they were aware of Diaz, that he lived across the street from Oak Park Elementary School and that he was compliant prior to his arrest on Saturday.