James Whisenand, a 45-year-old man from Indiana, has pleaded guilty to the home invasion sexual assault of an elderly woman in San Jose that occurred 16 years ago. Under the terms of his plea agreement, Whisenand is set to serve 25 years in prison for the attack. The sentencing hearing is scheduled for October 22, 2026, at 9 a.m. in Department 32 of the Hall of Justice in San Jose. The victim in the case died of natural causes in 2011, prior to the resolution of the investigation. The long-unsolved case was brought to resolution through the efforts of the District Attorney’s Cold Case Unit, local police agencies, and advancements in forensic science.
The assault took place on January 6, 2008. Whisenand entered the 61-year-old woman’s first-floor apartment on Saint Elizabeth Drive. During the attack, Whisenand, who was wearing a ski mask, punched the victim in the face, breaking her nose, and subsequently choked her before sexually assaulting her multiple times. At the time of the original investigation, no suspects were identified. The District Attorney’s Office was notified in 2024 that DNA evidence left at the senior living apartment, which had been uploaded to the national CODIS database in 2008, was matched to Whisenand. At the time of the DNA match, Whisenand was a registered sex offender living more than 2,000 miles away from San Jose.
District Attorney Jeff Rosen commented on the persistent nature of such investigations. Rosen stated that “Years and distance do not matter” and affirmed that his office “will never stop seeking justice for the people who have been hurt in our community.” He also expressed a wish that he could have personally informed the victim of the breakthrough in her case.
The DA’s Crime Lab received notification of the DNA match in March 2024. The match connected the crime scene DNA to Whisenand, who was a sex registrant following a misdemeanor sexual battery conviction in 2023. To confirm the match, the DA’s Cold Case Unit, the San Jose Police Department, and the Crescent City Police Department worked together, completing this confirmation in August 2024. Whisenand’s arrest occurred in September 2024, facilitated by the assistance of the Indiana State Police, the U.S. Marshals, the Clay County Sheriff, and Brazil, Indiana police.
Authorities successfully convinced Whisenand to come to a local police department to complete forms related to his sex registration. There, he was met by San Jose Police Department Special Victims Unit Sgt. Sean Pierce and Det. John Moutzouridis, who were among the original detectives investigating the 2008 assault. Santa Clara County Court records show that in 2008, at the time of the assault, Whisenand lived with his then-wife on Meridian Avenue, a location just two blocks from the victim’s senior living facility.
