Second trial begins for Palatine man charged with sexual assault

The retrial of a 29-year-old Palatine man charged with sexually abusing a child began Tuesday in a Rolling Meadows courtroom with Cook County Assistant State's Attorney Mike Clarke reminding jurors in his opening statement of the vulnerability of children, and how easily the people charged with protecting them can manipulate the young for their own sexual gratification.

Clarke referred to Baldomero Garcia, charged with sexually abusing a then-nearly 5-year-old child of his then-girlfriend over the course of two months in early 2008. This marks the second trial for Garcia, of the 1500 block of Norway Lane. In April, Cook County Circuit Court Judge John Scotillo granted the defense's motion for a mistrial after jury members declared themselves hopelessly deadlocked. Garcia's co-defendant, the child's mother, was acquitted of similar charges earlier this year following a bench trial before Scotillo.

While acknowledging that during the mother's trial, the child retracted the allegations against her, Clarke insisted that was no reason not to believe the child's testimony regarding Garcia, which Clarke called "unequivocal."

In his opening statement, Cook County Assistant Public Defender Larry Kugler called the investigation "a rush to judgment" by law enforcement. The evidence is flawed, said Kugler adding that an exam of the child showed no evidence of sexual abuse. Moreover, Kugler said, a confession prosecutors say Garcia signed is not credible because it was written in English, a language he neither speaks nor writes.

The child, now 8, testified for about an hour about the abuse that allegedly occurred when the child's mother was at work. The child, who was unsure of the number of times and the dates the abuse occurred, testified to being afraid of Garcia, who lived with them at the time.

Several female relatives testified that the child told them about the abuse in March 2008, saying that Garcia put his genitals on the child's.

Testimony from Dr. Afsoon Karimi, a pediatrician who specializes in detecting child abuse and neglect, took up much of the afternoon. During lengthy questioning from both sides, Karimi testified that while evidence of trauma can indicate a child has been sexually abused, it is also possible for a sexually abused child to exhibit no evidence of injury.

"The constellation of medical finding was consistent with possible child sexual abuse," said Karimi under direct examination by the prosecution.

On cross examination Karimi stated that she found no "abnormalities" nor did she find physical or behavioral symptoms of sexual abuse.

If convicted of the charges, Garcia faces six to 30 years in prison. Testimony continues Wednesday morning, with the jury likely beginning deliberations in the afternoon.