FRESNO, CA (KM) – Assemblyman Joaquin Arambula’s middle daughter takes the stand Tuesday, as testimony continued in his misdemeanor child abuse trial.
Fresno Police Detective Ken Dodd continued his testimony, first, telling Prosecutor Steve Wright that the CPS worker at MDIC (the Multidisciplinary Interview Center) was concerned “that the victim had been coached, that story was not what they heard the day before. The injury was possibly caused by an accident, which the girl had not said before.”
He was asked how often they conduct MDIC interviews when it’s a misdemeanor case.
Dodd said 4 or 5 times out of the 1000 cases annually.
The detective said it was one of his highest profile cases but he was trying to treat it the same as any other.
Det. Dodd was asked by Defense Attorney Michael Ead about body camera footage, he said none was available, the camera that (responding) Officer Phebus had on wasn’t working.
He told Asst. District Attorney Wright that under Fresno Police Department policy, footage is not allowed to be recorded for children under 12.
Defense asked Det. Dodd a series of questions why family members were not interviewed about the alleged incident.
The MDIC interview tape was then played.
Arambula’s 7-year-old child described a red and green bruise on her face – green she said from her colored marker.
Then she described different times her dad had punished her, kicked her on the butt “like a thousand books” that no one else saw because they were inside the house, and elbowed her in the stomach because she elbowed her sister, and squeezed her.
She talked about the time her dad got mad the ‘worst time’ “He squeezed me half to death. My stomach was getting smaller. I started throwing up. I was screaming hysterically, I needed up so I could breathe.”
A couple of female jurors holding their hands over their mouths.
Dodd was rested by both sides, and Judge Alvin Harrell called a recess.
The girl’s younger sister and teachers from her elementary school were to appear next on the stand.
The 6-year-old middle Arambula child walked in carrying her stuffed animal “Ellie” the elephant, and was deemed able to testify.
She sat, quieter and more shy than her sister, with her support person, grandfather Juan Arambula by her side as prosecution began asking about punishment in her home.
Asst. District Attorney Steve Wright asked “What happens at your house when you get in trouble?”
“I get time out, she said. “I have to apologize.”
Prosecution asked if she ever gets spanked. “When I do really bad things.”
What about your dad, does he ever spank you? “No.”
Has your dad ever spanked you? “No.”
She said that she gets squeezed by her mom. Why? “Because I did something wrong.”
Where does it hurt? “On my legs, stomach.”
Three people from the elementary school wrapped up Tuesday’s testimony.
The school office manager, who was the person who called CPS, saying the 7-year-old girl asked for an ice pack.
“She said her and her sister were fighting over a toy, he was pretty angry, she tried to explain, he grabbed her, threw her in the bed, slapped her face,” said the school office manager.
She says she never saw marks on the child’s face, or heard complaints.
She testified that the Fresno police officers responding were extremely loud and rude. She said they asked the CPS person to move her car out of the zone where they were having children load to go home with their parents, she did but the officers refused. Another staff member said she did not hear the commotion or the officers voices because her desk was further away.
The other two school staff testified, they saw a mark, one saying it looked like a bug bite.
Testimony from social workers will begin Wednesday, May 8, 2019 at 9:00am.
Click to listen to the reports airing through the day by KMJ’s Liz Kern:
