John Swaim, a former California Highway Patrol lieutenant, was found guilty of four counts of child molestation Tuesday after days of jury deliberations.
The verdict comes even though the youngest of his victims recanted claims that she was molested, a key part of Swaim’s defense.
Swaim worked at the Highway Patrol station in Winterhaven and was accused of two counts each of a lewd act upon a child and oral copulation of a person under 14.
The victims in the case are now 20 years old and 17 years old and the acts that prompted Swaim’s conviction happened more than a decade ago.
Deputy Imperial County District Attorney Heather Trapnell said Swaim faces up to 10 years in state prison and will have to register as a sex offender.
Swaim, who is related to both victims, had pleaded not guilty to the charges and was free on bail up until Tuesday, when the court remanded him into custody on the prosecution’s request.
This request was disputed by defense attorney Bob Espinosa.
Espinosa asserted that the safety of the victims wasn’t at risk and noted that “Mr. Swaim has never once shied away from any of the accusations … he (has) not shied away from going forward with everything that may come down upon (him).”
Espinosa then asked Imperial County Superior Court Judge Christopher Plourd to allow Swaim to remain free on his own recognizance until his sentencing hearing.
Trapnell rebutted and referred to the accusations and the allegations brought forward by various victims before calling once again for Swaim being taken into custody.
“He (Swaim) faces substantial prison custody as a result of the jury’s findings,” Plourd said before explaining that his “overwhelming” concern is that evidence presented suggests that Swaim “has a problem and is a threat to the public.”
“So for all of those reasons I am going to remand your client,” Plourd said, setting the sentencing for March 5.
The road to conviction
Though Swaim’s trial lasted less than a month, the road to that trial lasted more than a year.
Swaim, who was acquitted of molesting an underage girl in the mid-1990s, pleaded not guilty to the latest accusations in November 2011 and was allowed to go free on bail.
Moreover, the prosecution unsuccessfully tried to get Espinosa recused from the case in early 2012 as it claimed there was a conflict of interest and alleged that Espinosa met with both victims before they reported Swaim to authorities.
After several months of pretrial hearings and continuations, the trial began late last month.
The prosecution called some 10 witnesses during its part of the case, including the two victims.
And while the eldest victim backed the prosecution, the youngest victim recanted. However, in a videotaped interview made by county investigators in 2011 and played for the jurors after the witness recanted, the victim described the sexual abuse in detail.
The prosecution also called Swaim’s now-adult niece and cousin to the stand. They alleged Swaim molested them when the defendant was about 16 years old and when they were toddlers.
The defense in turn attempted to discredit the witnessed through cross-examination and later called three witnesses, including Swaim, who denied the allegations while on the stand.
The defense maintained during the trial that the eldest victim was angry 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.
However, after nearly a week of deliberation and evidence review the jury ultimately found Swaim guilty.
“I’m happy for the victims (and) that justice was served,” Trapnell said after the trial. “Now this won’t happen to somebody else. For public safety this is important.”
Espinosa on the other hand said that while he respected the decision he doesn’t agree with it. He added that once Swaim is sentenced he will appeal the case in San Diego.
Staff Writer Alejandro Dávila can be reached at 760-337-3445 or adavila@ivpressonline.com
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