Closing arguments in the trial of the former California Highway Patrol lieutenant accused of molesting two minors ended Wednesday, leaving it up to 12 jurors to decide whether John Swaim is guilty or not.
Swaim, 46, is accused of one count of a lewd act upon a child and a count of oral copulation of a person under 14. He faces two similar counts involving another minor.
The victims are now 20 years old and 17 years old.
Swaim was acquitted of a child molestation charge in the mid-1990s.
It’s unclear how long it’ll be before the jury reaches a verdict in this latest trial.
On Wednesday, after deliberating for most of the day, the jury didn’t reach a verdict and that process continues today.
But before deliberation began, defense attorney Bob Espinosa made his closing arguments.
“We are (dealing) in an age when false child abuse accusations are rampant,” said Espinosa, who was then interrupted with an objection from the prosecution.
The objection was overruled, though, and Espinosa continued.
“Where allegations come out in divorce situations, allegations come out in situations such as this (where) a young child wants to take advantage … when a young child then sets up a sister to help her.”
Espinosa has alleged during the trial that the eldest victim was mad at the defendant for preventing her from being with her high school boyfriend and years later influenced the youngest victim to accuse the defendant of sexual molestation.
Espinosa then said to jurors that no evidence was ever presented proving that the alleged abuse occurred between January 1997 and January 1999 as the prosecution charges.
He also noted that Swaim, who testified Tuesday, “looked at you right in the eye and he said: I did not do it.”
Espinosa went on to discuss the testimony brought by Swaim’s cousin and niece, both now adults, who alleged they were molested by Swaim when the defendant was about 16 years old.
Espinosa paid particular attention to one testimony in which it was alleged that a youngster Swaim touched the private parts of one of the witnesses while riding with her on a three-wheeler and holding on to her at the same time.
“(But) those machines, those three-wheelers, those bikes do not operate on their own,” said Espinosa as he tried to discredit the validity of this witness.
But most importantly, the defense discussed the testimony of the youngest victim, who recanted while on the stand last week.
“The prosecution doesn’t like the idea, in fact hates the idea that this child had the intestinal fortitude to step up and say, you know what, ladies and gentlemen, I made a mistake … and I’m not going to pursue this lie,” said Espinosa, adding “can any of you discard that kind of testimony?
“Possibility, probability do not equate to beyond a reasonable doubt,” he said toward the end of his argument, “(this) has to be proved without a reasonable doubt, beyond any doubt whatsoever.”
Later that morning the prosecution rebutted by reiterating much of the information presented during its closing arguments Tuesday, while disputing some of the information Espinosa presented and asked jurors to review the evidence presented.
Deputy Imperial County District Attorney Heather Trapnell also pointed out the videotaped interview made by county investigators in which the youngest victim describes the alleged abuse.
“Mr. Espinosa says that she (youngest victim) did not fumble around on the stand; well look at the interview, she (youngest victim) didn’t fumble around then either. She certainly appeared to have a lot of information,” said Trapnell, adding that “the fact that she recanted it doesn’t mean it didn’t happen. It’s up to you to assess the credibility of those statements and decide which one do you believe is true.”
If convicted, Swaim faces a maximum sentence of 10 years in state prison. He would also have to register as a sex offender.
Staff Writer Alejandro Dávila can be reached at 760-337-3445 or adavila@ivpressonline.com
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