Friday's Internet Edition, July 04, 2008.
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The eight women, four-man jury returned the guilty verdict against John Rodgers, 40, after three days of jury service.
Lead Prosecutor for the State of Texas, David Castillo, presented 7 witnesses to give testimony about the sexual assaults that occurred in 2000 in Gatesville.
The crimes were not brought to the attention of law enforcement officials until March 2002 when two different victims made statements regarding the sexual assaults on their mother. At the time, the victims, ages nine and six, were still unable to talk to law enforcement personnel regarding the incidents due to the trauma they were suffering, according to the testimony.
According to testimony, the victims did not fully disclose the sexual assaults until approximately 8 months of counseling had taken place. While undergoing counseling, the victims displayed behavior consistent with having been sexually assaulted. The victims also drew pictures during counseling sessions, which were consistent with being sexually assaulted.
Both victims gave the same account of what had taken place regarding the sexual assaults. Further testimony showed that throughout the investigation, the two victims have been consistent in telling what happened to them. Testimony further showed that Rodgers was the husband of the victims’ babysitter at the time the assaults took place.
According to the victims, they were left alone with Rodgers while his wife was at church and told to perform oral sex on Rodgers. According to records, the victims were told they could not have a cookie unless they did this.
The defense called two witnesses to testify, one of which was Rodgers. During his testimony, John Rodgers stated that the victims would come to his house hungry. He testified that he gave them cookies. During cross-examination by the State, Rodgers further testified that there was no reason for the victims to make up their testimony or be mad at him.
After about two hours of deliberations, the jury returned the guilty verdicts on Wednesday morning. The defendant, John Rodgers, had elected to have the jury assess his punishment. The court then proceeded to hear additional evidence regarding punishment.
After deliberating, the jury returned the sentence of 40 years in each case, as well as assessing a $10,000 fine in each case. Because of the nature of the offenses, Rodgers will not be eligible for parole until he has served 20 years of his sentence. At this time, no determination has been made as to whether the sentences will run concurrently or consecutively.
Presiding Judge Phillip Zeigler will decide on whether the cases will run concurrently or consecutively at a later date.
After the proceeding, Sandy Gately, Defense Attorney for Rodgers gave notice of appeal in Rodgers behalf.
The punishment range for the offense of aggravated sexual assault is 5 to 99 years or life in the Texas Department of Criminal Justice. A fine of up to $10,000 may also be assessed. Probation is possible if the defendant is assessed a term of ten years or less in prison and the defendant has never been convicted of a felony offense. The defense did ask the jury to sentence Rodgers to ten years or less in prison and then place him on probation.
For further information, contact David Castillo at 254-865-5911 extension 258.