WARSAW — The sexual misconduct trial of State vs. Dominic Fisher continued on Wednesday morning, Sept. 21 with the testimonies of two more witnesses.
The state’s first witness of the day was the teen girl involved in the sexual misconduct. Katie Hampton, deputy prosecuting attorney, started by asking the girl to describe how the incident was revealed to her stepmother. She recalled that her stepmother had sat her down and confronted her about finding a pregnancy test wrapper and marijuana in her bedroom. This confrontation is what led to the disclosure of the incident.
The girl then explained the two times the alleged sexual assault took place. She was unable to pinpoint the exact days and certain details of incidents.
“I do know it was during Spring Break, he had called my parents and asked if I could come over and babysit for a little bit,” recalled the girl when discussing the first incident. “He grabbed my arm and just kept asking me to go downstairs with him. I just kept saying ‘no’ and that I wanted to go home over and over again.”
The girl continued to describe how the sexual misconduct took place. Her testimony made it unclear as to how her pants were removed and she seemed apprehensive to describe the actual intercourse.
During the cross examination by Marielena Duerring, the defense attorney, Duerring concentrated on the fact that the girl was unclear how she got into the sitting position on top of the pool table, how she was unclear about how her pants were removed and the fact that after reporting the incident she was able to move in with her grandma, something she had been wanting to do for a long time.
At this point the jury was given an opportunity to ask any questions. One male juror asked, “Did you defy his sexual advances in any way besides saying you wanted to go home?” The girl’s response was a simple, “no.”
The state then brought their second witness of the day to the stand, the teenager’s stepmother.
The stepmother began her testimony with the same story of finding the pregnancy test and marijuana and confronting her daughter. When it came to the point of the story about the teenager confessing the incidents involving Fisher, the stepmother recalled, “She had ran out to the truck and told me she had to tell me something else. She was crying hysterically.”
“She proceeded to tell me that her and Dominic had had sex … I asked her if it had been forced and she said no, it had not been forced,” the stepmother said. “I was mad. I was really mad.”
The stepmother then spoke about how she confronted Fisher about the accusations. “He was calm. He said he didn’t know what she was talking about.”
During the cross examination, Duerring asked about a statement that the stepmother made during the initial 911 call. The stepmother had asked for someone to come out and give her daughter a lie detector. “She’s a typical teenager,” replied the stepmother when asked why she requested the lie detector.
At the end of the stepmother’s testimony Judge David Cates called a recess for lunch. The trial was set to continue at 12:45 p.m.
Jury Selected, Trial Started in Sexual Misconduct Case