La Plata, MD – The first time around in Charles County Circuit Court, the jury could not come to a decision on whether James Adam Fallin, 35 of Waldorf, had sexually abused his young daughter.
Judge H. James West declared a mistrial in that case back in January.
This time around, however, Charles County assistant state’s attorneys Sarah K. Freeman and Katrine H. Bakhtiary were more convincing as Friday, April 22, a Charles County Circuit Court jury returned a guilty verdict on three counts including third-degree sex offense, sex offense of a minor and second-degree assault.
Fallin was facing 12 counts when he was originally charged Jan. 31, 2014.
The minor daughter contributed tearful testimony during the five-day trial, along with the girl’s mother and grandmother.
The abuse began in 2012, Freeman said, and in 2014, the girl indicated her father had abused her again.
A key moment for the jury likely came when Freeman was able to enter into evidence testimony from a counselor who testified that the victim had told her in session that her father apologized for “touching her privates.”
Charles County Public Defenders Michael Beach and assistant public defender Allison Heldreth argued that the evidence should not come in, because it was hearsay.
West overruled them on that point, and Freeman was able to coerce from the witness a key statement the child said she told her father.
“ ‘You cannot do that to me. No other parent does that to their child,’ ” the counselor claimed the victim stated to her dad.
Sentencing is set for July 13.
Contact Joseph Norris at joe.norris@thebaynet.com