Friday, January 29, 2010

Closing Arguments today.


Closing arguments to be heard today.

Get there early if you want a seat.


Defendant accuses father-in-law of assault

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A man charged with sexually assaulting his daughter accused his deceased father-in-law for the assault during the case’s second day of testimony.

Danny Delgado Martinez, 36, is accused of sexually assaulting his daughter in 2003, when she was 7-years-old. He told jurors he believes his daughter was “confused” and that his father-in-law, Hilario Castilleja, abused his daughter.

“I believe her grandfather did it,” Martinez told jurors, eliciting gasps and murmurings from family members. “I did not commit this crime and I would not commit the sin of incest … I believe it was confusion of who was there at the house at that time.”

Jurors will hear closing arguments and could deliver a verdict today.

Martinez did not explain where he was during the alleged incident, which took place at the home of his in-laws in New Braunfels.

State assistant district attorney Steven de Lemos, who is prosecuting, called the victim to testify again Thursday. She claimed her grandfather, who died June 10, 2007, did not sexually assault her. She also said she is not confused about the assault or the identity of who assaulted her.

In previous testimony, she said her grandparents were asleep in another room in the house on Oct. 13, 2003, the night of the alleged incident.

Martinez’s daughter told her mother, Julie Martinez, and grandparents about the alleged assault July 27, 2005.

Until the trial began, Martinez said he has not seen her.

“I love my daughter,” he said. “I honestly do believe the abuse did occur and as a caring parent, I want to know who did it.”

Martinez is charged with sexual assault of a child under 14, a first-degree felony. If convicted, he could face between five and 99 years in prison, or a life sentence, and a $10,000 fine.

Closing arguments begin today at 9 a.m. in the 207th district court with Judge Gary Steel presiding.