Jurors on Tuesday began deliberating the fate of a Hesperus man accused of sexually assaulting a child as a pattern of abuse.
Edmund Peter Marx, 63, is suspected of touching an underage girl’s breasts, putting his hands down her pants and kissing her. He is charged with six felonies, including sexual assault on a child as a pattern of abuse. He faces an estimated 10 to 32 years in prison if found guilty of the various charges. The alleged crimes occurred early 2014 in the Hesperus area.
Prior to closing arguments in 6th Judicial District Court, Marx testified in his own defense.
Assistant District Attorney Christian Champagne asked Marx why he made oral and written confessions only to recant them later. Marx said he felt pressured by investigators and wanted to protect the girl from perjuring herself on the witness stand. He said investigators told him he was facing probation, but when he was charged with a felony, he changed his mind about taking the fall.
Champagne said no reasonable person would falsely confess to sexually assaulting a child as a way to protect a child or keep a child out of trouble.
“He confessed because he’s guilty,” Champagne told jurors during closing arguments.
The victim gave a detailed account of the assaults and was consistent in her statements through multiple interviews, Champagne said. People who lie tend to contradict themselves, he said, and they don’t make up small details that add credibility to their story – especially children.
“She’s either the best actress in the world – she’s Meryl Streep on steroids – or it happened,” Champagne said.
But public defender Sara Hildebrand said the girl actually has a propensity for making up stories and has trouble distinguishing reality from fantasy. Despite what prosecutors say, inconsistencies can be found in her statements, she said. Even the girl’s time frame of when the alleged assaults occurred show Marx couldn’t have committed the acts, Hildebrand said.
She asked jurors to note the lack of evidence, including DNA, eyewitnesses and surveillance footage. She faulted the police investigation as being coercive and close-minded.
Marx, who is being held in the La Plata County Jail, has appeared each day wearing a suit and has sat motionless but attentive.
The trial, which started Jan. 11, is the second for Marx. The first one in late October ended in a mistrial. The case is being overseen by District Judge William Herringer.
Jurors are expected to return Wednesday morning to continue deliberations.
shane@durangoherald.com