A judge re-sentenced Daniel Dorado to 38 years in prison on April 25 after an appeals court vacated his original 40-year term for sexually assaulting four women whom he met in his now-closed La Jolla restaurant and a dating website.
Dorado, now 64, appeared on a video screen in San Diego Superior Court from Pleasant Valley State Prison, located in Coalinga, where he has been serving his sentence after being convicted of 20 sexual assault counts on Dec. 21, 2019.
A 3-0 ruling by the 4th District Court of Appeals upheld the jury’s convictions but vacated the lengthy sentence on Oct. 11, 2022, because of two new state laws regarding multiple consecutive prison terms with multiple victims.
Judge Charles Rogers presided over the trial, but he retired several years ago. Rogers was called back into service by the ruling which decided to cut the 40-year sentence by just two years.
“There is zero evidence of acceptance of responsibility by Mr. Dorado,” said Rogers. “In fact, he blamed his convictions on the District Attorney. He blamed his convictions on the Me Too movement.”
This small reduction angered Dorado, who testified at his trial that all of the sex acts were consensual and that he never administered date rape drugs to anyone.
“Nobody was ever unconscious and no one was ever intoxicated,” said Dorado. “I was cordial. I was respectful. I was kind. And I was a gentleman to every single one of these people.”
“I’m in here for 40 years for something I haven’t done, because massive amounts of evidence were never even shown that we have to go to the clerk now to request because my own attorney didn’t turn anything over to me. Neither did my investigators,” said Dorado angrily to the judge.
“But how would you feel if you’re in my case, being accused by the judge of not having any remorse for doing heinous things?” said Dorado.
Dorado told Rogers he would appeal his decision.
The California Department of Corrections website says Dorado’s first eligibility for parole will occur in 2039. If he is paroled, he will have to register as a sex offender for life.
His attorney, Lisa Suwczinsky, told Rogers on Tuesday he needed a bigger reduction in sentence.
Dorado claimed text messages and photos were lost that would have helped him. His comments about the loss of exhibits and evidence were unexplained because he retained attorneys at trial.
Dorado operated Voce Del Mare, an Italian restaurant on La Jolla Boulevard, from 2011 to March 28, 2018, when he was arrested. It never reopened.
The case involved eight women who were aged 22-57 who said they were sexually assaulted in 2009, 2014, 2015, 2017, and 2018. Seven said they were given alcoholic drinks that made them so intoxicated they could not function and most of them said they threw up.
Most of the women did not complain to the police right away, but some of them did have rape exams conducted within several days of the incidents. Technicians did find some evidence of assault, but police could not find any date rape drug in Dorado’s possession.
The jury convicted him of six counts of rape of an intoxicated or unconscious person; six counts of oral copulation of an intoxicated person; four counts of digital penetration of an intoxicated person; and four counts of assault with intent to commit rape.
Jurors also acquitted Dorado of three counts of assault of one victim and deadlocked on remaining charges involving three other victims. Those remaining charges were later dismissed.
Seven of the eight women testified Dorado was manipulative and they did not consent to having sex with him. One testified she woke up on the restaurant floor at 4 a.m. without clothing, while others said they woke up at Dorado’s home or in hotel rooms.