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Ozaukee jury convicts girl’s stepdad of sex assault, incest PDF Print E-mail
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Written by BILL SCHANEN IV   
Wednesday, 12 February 2014 19:27

Panel reaches verdict after victim testifies man assaulted her with help from her mom

    An Ozaukee County jury deliberated for less than two hours last week before finding a 44-year-old Fredonia man guilty of sexually assaulting his 12-year-old stepdaughter during an encounter the girl said was arranged by her mother.

    After a day-and-a-half of testimony that ended Wednesday, Feb. 5, the jury returned guilty verdicts on felony counts of first-degree sexual assault of a child and incest with a child by a stepparent.

    The man will face a maximum 65 years in prison when sentenced by Ozaukee County Circuit Judge Paul Malloy on March 20.

    The jury acquitted him of one count of child enticement-sexual contact.

    The girl’s 36-year-old mother, who is the man’s wife, faces felony charges of being party to the crime of first-degree sexual assault of a child and failure to protect a child. She was not on trial last week but testified against her husband.

    Shortly after stepping down from the witness stand, and on the same day her husband was convicted, the woman withdrew her plea of not guilty by reason of mental disease or defect. Her case is scheduled to be resolved during a plea hearing on April 9 before Judge Sandy Williams. She faces a maximum 62 years in prison.

    Ozaukee Press is not naming the man or woman to protect the identity of the victim, who currently lives with her biological father in Illinois.

    Now 13, the girl, who was composed and articulate for her age on the witness stand, implicated both her mother and stepfather in the sexual assault.



    It was April 1, 2013 — her stepfather’s birthday — when, sometime around 9 p.m., her mother led her into the master bedroom of the family’s second-story apartment where her stepfather was waiting for her in bed, the girl testified.

    “She (her mother) said, ‘We’re going to give your daddy a special birthday gift,’” the girl told the jury. “I said, ‘I don’t want to, mommy,’ but she said, ‘Do this just for once.’”

    In the bedroom, the girl said, her mother instructed her to take off her clothes and lie on the bed. Then her stepfather had sexual intercourse with her, the girl said.

    “She (her mother) was lying right next to me telling me it will be all right,” the girl said. “I was just like, ‘Oh God, not this.’

    “Ten or 15 minutes later, I said, ‘I think that’s enough,’ and he stopped. My mom told me to take a shower, get ready for bed and never tell anybody what happened.”

    The girl’s mother, dressed in orange, jail-issued clothing and wearing handcuffs, sobbed as she told the jury she was depressed and overworked and finally gave in to her husband’s incessant requests to have sex with one of her daughters.

    “He finally said you have to do it now,” she said. “He said he wanted (her 12-year-old daughter.)

    “He was always talking about my daughters, even when he was having sex with me.”

    The woman said it was her husband who ordered her daughter to undress and lie on the bed. She said she just curled up on the bed waiting for the assault to end.

    The girl, however, said her mother was in charge, giving her instructions during the assault after leading her into the bedroom.

    “I started to almost scream because it hurt so bad,” the girl was seen telling investigators in June on a video that was played in court during the trial. “He (the stepfather) said it looked like it was hurting really bad, so he stopped.

    “Then my mom told me to get on top (of him). I asked her to please help me.”

    The woman said she was testifying because she wanted to help her daughter, but defense attorney Robert Olmr had a different theory.

    “You’re here today because you believe your testimony will help you with your case,” he said.

    The girl testified that she told only her 16-year-old sister about the assault, and the incident remained their secret until June when her sister accidentally mentioned it while visiting their biological father. He promptly reported it to authorities.

    Because the assault was reported more than two months after it happened, there was no physical evidence in the case, District Attorney Adam Gerol told jurors. The verdict, he said, would hinge on the credibility of witnesses.

    Ultimately, the jury found the girl more credible than the defense theory that she made up the story of the assault in a desperate attempt to escape the tyrannical rule of her mother and be placed in the custody of her biological father.

    “Desperate people do desperate things,” Olmr told juror. “This (story) was an act of desperation so she would never have to go live with her mother again.”

        

    
 

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