Ninety-three year old man charged with molesting great granddaughter
A 93-year old man is facing charges in connection with sexual acts involving his four-year old great-granddaughter. Samoa News is withholding the name of the defendant to protect the identity of the victim.
The great-grandfather is charged with child molestation, sodomy, deviate sexual assault, sexual abuse first degree and endangering the welfare of a child. He made his initial appearance in the District Court yesterday.
Court filings state that on February 28, 2012 police received a call from the LBJ hospital pertaining to a suspected sexual assault on a four-year old who was bleeding from her private parts.
According to court documents, the victim was seen by various doctors, and Dr. Aguilera, quoted in the court affidavit, said he was told that the victim was playing and that she had fallen on a tombstone. Dr. Aguilera’s examination has it that the victim’s private parts had a two centimeter laceration. Court fillings quoted Dr. Aguilera stating that most likely this was not produced by a fall but was more compatible with sexual assault.
According to Dr Aguilera “the perpetrator used something small like a finger or a stick”, state court documents.
According to the government’s case detectives met with the victim’s mother who told police that she heard her daughter crying and saw her crouching near the tombstone. However while undressing her daughter for her bath, she saw that her daughter was bleeding from her private parts. Later on during the night — the victim was still complaining about pain in her private parts.
Criminal Investigation Division detectives who were working on the case met with the four-year old victim, with her mother present. Court documents state that a female Detective questioned the victim, who told police that her great- grandfather touched her on her private parts. The victim told police that her great-grandfather hurt her on her private parts when he allegedly touched her.
Court documents state that when detectives questioned the defendant he denied touching his great-granddaughter inappropriately and said. “I used to do those things back in the day.”
District Court Judge John Ward explained to the defendant that when he appears in court today it will be for a preliminary examination hearing and it is not a trial to determine if he’s guilty or not guilty of the charges against him, but to determine whether or not the government has sufficient evidence to have this case bound over to the High Court for further disposition.
However, the elderly man kept on repeating to the court that he has not committed the crime filed against him and he was still unaware as to why he was present in court.
On the issue of bail, the prosecutor Deputy Attorney General Mitzie Jessop Folau said the government is concerned that if the defendant is released on bail that he may have access to other children near his residence. The Deputy AG told the court that bail should not be less than $10,000.
Sharron Rancourt who’s representing the defendant told the court the defendant is not a flight risk, and given his age he should be taken care of properly.
Judge Ward said this matter is a little more difficult than what the court usually sees. He ordered the government and the defense attorney to make sure that if the defendant has medication to take, to allow him access to his medication.
The judge said given the critical aspect of this case, he ordered the government to have the Child Protective Services with the Department of Human Social Services go to the defendant’s home and do a quick study, to see if there are any minor children near where the defendant resides. Ward said this weighs heavily in order for the court to consider bail for the 93-year old man, who walks with a cane.
Ward ordered the defendant not to initiate direct or indirect contact with the victim if he’s out on bail. He also told the defendant not to leave the territory or attempt to leave without proper authorization by the court.
Judge Ward then reduced bail from $25,000 to $10,000 for the elderly man.
Outside the courtroom, Deputy AG Folau told Samoa News that this was perhaps the oldest male ever charged with this type of crime.