Thursday, June 4, 2009


I met the victim the other day and found her to be a delightful child with a great personality.

I am glad the jury found him guilty and I hope he gets the maximum which is what he deserves.

Jury finds Gaytan guilty on all counts

A New Braunfels man was found guilty Wednesday for sexually assaulting a 6-year-old girl 20 times in the summer of 2004.

Frank Gaytan, 46, was charged with 20 counts of aggravated sexual assault and one count of indecency with a child in the 274th District Court of Judge Gary Steel. The Comal County jury is still out on his sentencing.

Gaytan was indicted and arrested in May of 2008 after avoiding apprehension for four years. Police extradited him from Seattle.

The jury heard testimony on Tuesday from family members and the victim, who is now 10 years old.

Defense attorney Gerry Morris presented his closing arguments Wednesday afternoon, asking the jury of six men and six women to look at the facts from the trial. He told the jury there were inconsistencies and errors in the victim’s videotaped statements from four years ago and what she said on the stand Tuesday.

“Let’s focus,” he began. “Let’s take the emotion out. ... (The victim) testified that she had been abused several days in a row. ... She was taken to a get a medical exam two days later ... (but) there was no evidence.

“When she was asked by someone trying to find a specific answer, she said it happened ‘a long, long time ago,’” he said referring to a recorded conversation with Child Protective Services. “There’s not any way she was confused. ... The fact is, when she was pressed for a detail ... she put it at the time when Frank Gaytan was not baby-sitting. ... Children don’t know the gravity of a situation. ... She could have made it up.”

Comal County Chief Felony Prosecutor Sammy McCrary urged the jury to keep the victim’s age in mind.

“Look at her on that video,” McCrary said, referring to the CPS video. “Do you really think a 6-year-old girl could come up with ... (the things she said)?

“What matters is whether or not that man ... (touched) that little girl. ... Do not let this man get by with what he did. Find him guilty.”

After closing arguments, the jury deliberated for one hour before coming back with a guilty verdict.

Morris called no witnesses Wednesday, and Gaytan did not testify in the trial.

Steel said he expects the jury to begin working on Gaytan’s sentencing today.