A young man from New Jersey was found guilty of attempted aggravated felonious sexual assault,
kidnapping, criminal threatening and endangering the welfare of a child on June 16 in Cheshire County Superior Court, as reported by the New Hampshire Sentinel source.
The forewoman, of a six-man, six-woman jury, read the verdict to the courtroom. Defendant S.M.T., 19, stood and listened while his defense attorney, Paul G. Schweizer, covered his mouth with both of his hands and his mother, seated in the courtroom, wept.
When S.M.T. was handcuffed and led by bailiffs from the courtroom his father called out to him "I love you, (S.), I know you didn't do it."
S.M.T. had been accused of taking a young girl, now aged 9, to a camp's nursery and telling her he wanted to have sex with her. He also allegedly tried to gag the girl with tape and threatened to kill her if she told anyone about it.
The girl, and her family, were present in the courtroom during the trial phase and did not attend the reading of the verdict.
Closing arguments were made by Schweizer, and Keith W. Clouatre, the Assistant Cheshire County Attorney.
Schweizer took approximately one hour for his closing argument. He said that S.M.T. had been honest throughout the proceedings - mentioning his client's cooperation with both police officers and camp officials - but that his client maintains his innocence.
Schweizer said, "He told these people the same thing, it did not change, as (the girl's story) has changed multiple times."
Schweizer claimed that the girl's story in the courtroom did not match what was originally given in her recorded statement to police. He also stated that the Chesterfield Police Department's investigation did not answer all of the questions surrounding the alleged incident.
He further criticized the police for presenting a photo lineup to the girl's parents instead of to the girl herself.
He questioned why his client wasn't simply identified the same night of the alleged incident.
Schweizer said, "It's just a troublesome I.D., and it didn't have to be that way." He further stated, in his argument that the evidence against his client left doubt, "The state's job was to prove (S.M.T.'s intention) beyond a reasonable doubt and no matter how creepy this feels, you have a duty."
S.M.T. was not called to testify in the trial.
Clouatre spoke for about a half hour. He insisted that both the girl's testimony and physical evidence alone was enough to convince jurors of S.M.T.'s guilt.
He said, "He had one girl show him some kindness, that was willing to walk with him, willing to go places and willing to go by herself to the darkened room in the back of the nursery where he intends to molest her."
When the victim allegedly struggled against S.M.T. he let her go as long as she promised not to tell.
Blue painter's tape, with the victim's hair stuck to it, was found in the nursery's trash bin.
A state criminologist, stating that the hair found on the tape matched to the girl's DNA, testified "What he wanted at that point was a quiet, compliant victim. He'd enjoyed walking with her, now he wanted someone quiet to go along with him."
The jury took approximately three hours to deliberate.
Criminal charges, no matter how many you are facing, require expert defense. Contact a criminal defense attorney that is qualified to help you!
