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Aguilar testifies in child rape trial

POSTED: April 30, 2013 12:46 a.m.

A Gainesville man charged with rape and aggravated child molestation testified Monday in court.

Jose Luis Aguilar faces four counts of rape, two counts of aggravated child molestation, one count of aggravated sodomy and seven counts each of incest, aggravated sexual battery and child molestation.

Asked about the first time he was informed by family members of the allegations, Aguilar became visibly upset in the most emotional moment of the day’s testimony.

He tearfully expressed his distress.

“I would never touch her like that,” he said.

About a dozen family and friends sat in court Monday to observe his testimony and that of experts. Many of those family members testified for Aguilar.

But before the defense presented witnesses, the state concluded its presentation of evidence.

State’s witnesses included psychologists and medical examiners.

Nurse practitioner Heather Hayes, from The Longstreet Clinic, testified that the results of a medical examination of the then 12-year-old girl proved inclusive for abuse or nonabuse. Any possible sexual contact, Hayes said, would have had time to heal in the six months since an sexual encounter.

The defense’s first three witnesses Monday were the three sons of Aguilar, who spoke of the overall family dynamic and his parenting style.

His eldest son, in his late teens, said Aguilar entered the children’s rooms in the nighttime when he came home from work to pray for them.

Public defenders Travis Williams and Clint Teston subsequently called witnesses who focused on the alleged victim, now 14, including her behavior in school, overall demeanor and mental state.

Another point of examination for the defense has been the timeline of an alleged attack described a specific date — June 16, 2011 — the day before the alleged victim ran away and the molestation investigation began.

An employee whose responsibilities were Aguilar’s workplace timekeeping testified that Aguilar had been clocked in during the time that particular attack was described.

Representing the state, Assistant District Attorney Lindsay Burton told Judge Andrew Fuller the state may call one rebuttal witness today.

Afterward, both sides will present closing arguments, and the jury will receive instructions and begin deliberation.


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