A couple of weeks ago, twelve of us sat down to decide the fate of a man accused of two counts of child molestation and one count of enticing a minor.
We had limited evidence in this case, as there is wont to be in cases like this. The girl, who we’ll call Grace, had been twelve when she spent the night at her best friend’s house (we’ll call Kelly)and said that Kelly mother’s (we’ll call STUPID) boyfriend told her to come down stairs so that he could talk to her. While down there, he asked her to hung him and kiss him, and he tried to rub her shoulders. She said she tried to run away, but he grabbed her arm, pulled her back down stairs, and begged her not to tell anyone, and that he would never do it again.
She said she believed him.
The following weekend, Grace spent the night again (she did so EVERY weekend). She said that about two o’clock in the morning (she guessed) that the boyfriend (we’ll call Tony) came into the room where she slept on the top bunk of a bunk bed with Kelly (no one slept on the bottom). Tony woke her up with a condom in his hand, placed his hand on her breast and…in (literally) other places. (Sorry, guys, just don’t want to talk about this too much.)
Grace said that she started to cry, and begged him to stop. She said then Tony began crying and left the room. She said she then went back to sleep.
Her mother then testified that a week later that she told Grace that it was time to go back to Kelly’s house, but the girl didn’t want to go. This was VERY unusual. She asked the girl why, and finally Grace told her.
Then she told the mother’s best friend.
Then she told the cop who took the report.
Then she told the detective.
Then she told the doctor who examined her three weeks later. There was no evidence.
This all happened in 2001.
Four years later in 2005, Tony pleads guilty to enticing a minor.
The minor is Kelly, Grace’s best friend, who is now twelve years old also. She said he woke her up, told her to come down stairs. She said he told her to sit by him, he pulled her to his lap, and then began rubbing her shoulders. She ran upstairs and told her mother.
Tony takes the stand and says, he had been in jail for eight months, and he said he didn’t understand what he had signed. But he is arrested again, for violating his probation, when he goes to see his probation officer WITH Kelly’s mother, because they are still together. It clearly says in his plea that he is not able to see her or the children. A plea he signed.
STUPID, Kelly’s mom, testified and reluctantly admitted that he had told her that he wanted to see her daughter’s breast that night. But she said that he couldn’t have molested Grace because he had been at a friend’s job’s Christmas party and had come home late. That night, she said—and Tony also testified—that his friend had dropped him off and then fell into a ditch and Tony had spent all night helping him out.
No friend testified. No party was verified.
After getting arrested for validating his parole, the police asked him to take a polygraph in Grace’s case.
He failed. Badly.
Now, five years later, he is going to trial for molesting Grace.
So this is the case. It’s a little complicated; I did my best. What do you think? Argue for or against him.