Dad with visitation on trial for sexually assaulting 4-year-old daughter (Tyler, Texas)

Mom wanted UNNAMED DAD to have visitation and a relationship with his kids; she was doing all the things we're told moms have to do and say so that they're not labeled "alienators." The result is a sexual assault of a 4-year-old child.

http://www.tylerpaper.com/apps/pbcs.dll/article?AID=/20090709/NEWS08/907090312

Trial Continues In Child Sex Assault Case

By MALENA OGLES
Staff Writer

A 6-year-old girl testified Wednesday her biological father touched her sexually two years ago during an overnight visit to his house.

Her father, a 36-year-old Tyler man, is on trial for indecency with a child by sexual conduct for the alleged incident. He has pleaded not guilty in 7th District Judge Kerry Russell's court.

The girl, who was 4-years-old at the time said she and her 10 year-old brother spent the night at her father's house.

She said she was in her father's bedroom when he took her panties off and touched her "wrong spot" with his finger.

She said it made her "sad" and it "hurt."The girl testified that on the drive home from her father's house she, "told mommy what (he) did."

The girl's 31-year-old mother testified that she divorced the defendant in 2005 after six years of marriage.

The woman said her ex-husband, the defendant, paid child support and that she was the one who filed for divorce.

She also testified that she did not forbid her children from seeing their father and wanted them to have a good relationship.

She said that the defendant called her "out of the blue" saying he wanted to spend more time with his two children.

"I didn't think there was any purpose involved, I just thought he wanted to be around his kids more," she said.

The mother said that on Saturday, Sept. 1, 2007, she drove from her parent's home in New Chapel Hill to a gas station at the intersection of 5th and Vine Street to drop off the children with her ex-husband.

The following day, she picked them up at the gas station and drove home to her parent's house.
When she picked up the children, both were quiet, she said.

"I figured they stayed up late," she said.The woman testified that while making dinner, she overheard her daughter saying something that disturbed her.

The mother immediately took the girl to East Texas Medical Center in Tyler.

"When we got home she would not sleep alone. She slept with my mother," she said.

Since the alleged incident, her daughter has been in counseling.

Gale Mayfield, the defendant's former next door neighbor said she met the victim for the first time the day of the alleged incident.

"We had the kids over and had a barbecue," Mrs. Mayfield said adding that there were about 10 adults and several children present including her 5-year-old daughter, who was three at the time.

At around 9 p.m. the girl "started to get a little fussy."

"She sat in my lap in the lawn chair and went to sleep," she said adding that she carried the sleeping girl into the house and put her to bed.

"She had played hard that day," Ms. Mayfield said.

After it got dark, Mrs. Mayfield said the girl's father picked her up and carried her, still sleeping, home.

The next morning, she said the little girl, her brother and their father came over.

"She was bragging about having jelly sandwiches with her daddy," she said adding that the girl appeared to be in a good mood.

That day, another neighbor girl came over and the children went swimming.

The defendant's attorney, O.W. Loyd showed the jury photographs of the children in their bathing suits that were taken that day.

The 6-year-old girl testified that she did not remember going swimming that day or if any other children were around.

The trial will resume today for closing arguments.