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Robert
12-05-2007, 05:58 PM
http://www.kentucky.com/181/story/250200.html

Posted on Wed, Dec. 05, 2007
Sex offender charged with murder of boy found in garbage truck
By BRETT BARROUQUERE
Associated Press Writer
A convicted sex offender was charged Wednesday with kidnapping and killing a 4-year-old neighbor who disappeared near Churchill Downs in June and was found in a garbage truck days later.

Prosecutors plan to seek a death sentence if Cecil Eugene New II is convicted of killing Cesar "Ivan" Aguilar-Cano, said Steve Tedder, a spokesman for Jefferson County Commonwealth's Attorney Dave Stengel.

Ivan disappeared June 29 from outside his family's apartment across the street from the horse barns on the backside of Churchill Downs. New, who lived across an alley from the boy's family, was arrested Wednesday morning, almost five months after Ivan's body was found July 7 by a city trash collector.

A grand jury indicted New on Wednesday afternoon, charging him with murder, kidnapping, tampering with physical evidence, unlawful transaction with a minor and being a persistent felony offender.

New was not charged with a sex offense. Louisville Police Lt. Barry Wilkerson declined to elaborate on the charges or evidence in the case. New has been on the Kentucky sex offender registry since March 2000 after being convicted of sodomy involving 11- and 9-year-old victims in northern Kentucky.

New's public defender, Jay Lambert, did not immediately return a call seeking comment.

Ivan's mother, Rosa Cano, told The Associated Press in an interview in October that whoever killed her son should receive a death sentence.

"What they did to him, that's not right," Rosa Cano said.

Christopher 2X, a family spokesman, said Rosa Cano cried when she was told about the arrest.

"She said, 'I just want to know why this person did this,'" 2X said. "She still feels that way. She still wants the death penalty."

In recent weeks, police have been conducting "spot check" surveillance on New and began watching and following him Tuesday night, Wilkerson said. Detectives had received word that New planned to go to Indiana to pursue a job, Wilkerson said.

"Obviously, we wanted to make a conscious effort to find Mr. New," Wilkerson said.

New last spoke with detectives in July, when he told detectives he had seen Ivan removing gas company flags from a curb near his home on the day he disappeared. New told detectives he sent Ivan home and had not seen the boy since, according to a search warrant for New's home.

New did not answer questions during his arrest, Wilkerson said.

Ivan's disappearance sparked eight days of searches by neighbors and friends in the shadow of the Twin Spires. Family and friends described Ivan as an energetic boy who was known to dash around the apartment complex, sometimes ducking in and out of neighboring apartments and talking with everyone he met.

"I want to remember him as a happy little kid," Rosa Cano said in October. "All he wanted to do was go outside and play."

Police searched more than a dozen apartments in the area, including New's, in the week after Ivan disappeared. Wilkerson, who oversees the homicide unit, said officers went through an entire truckload of trash searching for evidence in the case.

In July, Lambert called a news conference to say New was in danger because his name, address and a photo of his apartment had been publicized, but he had not been charged.

"His personal safety has been jeopardized," Lambert said on July 14, but he declined to give specifics.

Lambert said at the time that New had contacted the public defender's office, and a judge appointed representation for New. New lost his job because of the publicity surrounding the case and is indigent, Lambert said at the time.

Rosa Cano had worked at Churchill Downs, walking with thoroughbreds before and after races and workouts. She left that job after her son disappeared and it became publicly known that she was in the United States illegally.

Ivan was buried in his mother's hometown of San Juan Tapalapa, Guatemala, in August. Rosa Cano was granted special permission to leave the country and return while the investigation and case were pending.

Cano overstayed a visa in 1996 and has an active warrant for her arrest and deportation. The Bureau of Immigration and Customs Enforcement granted her a special visa allowing her to leave and return to the country as a material witness in the criminal investigation.

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