MARTINEZ -- A prosecutor described the actions of a Berkeley man as "the worst nightmare" and during closing arguments of a rape trial Monday asked a jury to return guilty verdicts on six felony counts.
Deputy District Attorney Ryan Wagner argued that Antonio Andre Mouton, 26, was responsible for two of the three sexual assaults that occurred at Walnut Creek's Park Regency Apartments over a six-week period in the summer of 2010 -- a spree that left residents of the complex on edge.
Mouton is charged with three counts of rape by force, two counts of burglary and one of assault with intent to commit rape.
On June 30, 2010, Wagner said, Mouton gained entry into the apartment of one woman after knocking on her door at around 1 a.m. and asking for a glass of water. He placed his hand over her mouth, but fled when she fought back.
On July 6, Wagner said, Mouton entered the apartment of a second woman through an unlocked door shortly after her husband left for work. Wagner told the jury that Mouton awoke the sleeping woman and then raped her.
"It's the worst nightmare," Wagner said. "Asleep in your own apartment, no worries, letting your guard down in a place where you feel safe. Then he burglarizes her apartment and rapes her in the bed she shares with her new husband."
DNA evidence linked Mouton to the rape. No one has been charged with the third break-in from that summer, in which an assailant awakened a sleeping woman, but fled when she squirted him with pepper spray.
Public defender Diana Garrido admitted that Mouton raped "Jane Doe 2."
"Antonio Mouton made a horrible decision on July 6," Garrido said. "We have conceded from the very beginning that Antonio Mouton raped (Jane Doe 2)."
But Garrido said Mouton did not commit the June 30 attack, and she criticized the police investigation.
"The lineup was not done in accordance with established procedure," she said. "(Jane Doe 1's) attacker is still out and about and walking around."
Garrido also disputed two of the three rape-by-force charges against Mouton for the July 6 attack as well as the accompanying burglary charge that contends he entered the victim's apartment with the intent to commit burglary or rape.
"You heard (Mouton) testify," she told the jury. "He's far from sophisticated. He had no intent to rape and, at that moment, thought she would 'be OK with' (consensual sex). In his stoned state, that's what he believed. He stopped as soon as he understood it was not consensual."
"That's not reasonable," Wagner argued in rebuttal arguments.
The jury began deliberations around 2:30 p.m. Monday
Contact Gary Peterson at 925-952-5053. Follow him at Twitter.com/garyscribe.