Hubbard guilty of sexually assaulting 4 boys at wife's day care

Jul. 29—Relatives and friends of the children at the center of a trial this week shed tears and attempted to hold back cheers as a jury on Thursday convicted Martin D. Hubbard of sexually assaulting four boys at the day care operated by his wife.

Hubbard's trial came to an emotional end as the jury found him guilty on all eight counts of predatory criminal sexual assault of a child: two counts for each of the four children — one for touching a child in a sexual manner, and one for forcing a child to touch him in a sexual manner. Hubbard, an assistant at the day care, faces life in prison.

Effingham County State's Attorney Bryan Kibler expressed mixed feelings after the verdicts.

"It's always a sad day," said Kibler, who credited various groups with the prosecution's success, including his office, law enforcement, and child advocates. "A lot of work, but well worth it. We got a child predator off the streets."

Parents of children who attended Mother Hubbard's Daycare & Preschool testified Wednesday that their children described sexual contact with Hubbard.

"I knew something happened," one mother told jurors.

The Effingham Daily News is not naming the parents because that could identify their children.

"I never thought I'd have to go through something like this," the mother testified.

The jury saw a short tape of the woman's son telling his parents about the alleged abuse, and showing them the same hand motions used by the boy and Hubbard during the act.

"He would just bring it up," the mother told jurors. "It hurt me to hear him say this."

Also on Wednesday, the prosecution called child welfare specialists and prevention educators from the SAFE program to testify. The SAFE program educates children about sexual abuse in order to prevent and recognize any potential abuse they might experience.

During its cross examination of SAFE sexual assault counselor Lenora Carter, the defense asked her to read the courtroom a children's book called "My Body Belongs to Me." This is the same book Carter read to the four children at the Effingham Library after their parents became concerned that they might have been abused by Hubbard.

The book is used to promote bodily autonomy in children, and educates children on how to recognize abuse and how to report it. The defense argued that the reading of the book and the discussions that followed caused the children to believe that they were abused.

The defense asked Carter if she said anything at the library that might have led the children to believe that they were abused.

"That's one of the first things we're trained not to do," Carter said.

The jury watched footage of the children's separate forensic interviews with the director of the Child Advocacy Center, Robyn Carr.

The prosecution asked Carr if any of the boys showed an indication of being coached prior to their interviews. Carr said she had no concerns that any of them were coerced into giving their statements.

The defense was critical of the expert witnesses' claims that none of the boys were coached because each boy didn't disclose the full extent of Hubbard's abuse in their initial forensic interview.

The jury heard from the director of the Guardian Center, a non-profit aimed at reducing child trauma caused by abuse. During her testimony, the center's director, Sheryl Woodham, said 79% of children don't disclose abuse in their first interview.

Woodham explained that many abused children are reluctant to come forward, especially to an adult they don't know which could explain why the parents claimed to hear things about their children's' abuse before law enforcement or child welfare workers.

There are factors Woodham considers when deciding whether a child is being truthful or being coached by an outside entity. Woodham testified that the consistency of the children's stories is the primary indicator that they were not coached and indeed telling the truth.

The prosecution rested its case Wednesday after their final witness left the stand. The defense rested its case without presenting any evidence, and Hubbard chose not to testify.

In the prosecution's closing argument, Kibler summarized the "overwhelming" evidence against Hubbard. He also argued that Hubbard's initial interview corroborates the boys' stories.

In the interview, Hubbard admits to getting erections when the young boys at the day care sit on his lap, and even refers to one child by name before his abuse was disclosed. This detail, along with the DNA evidence presented, was crucial in securing the guilty verdicts for predatory criminal sexual assault of a child because it has to be proven that the offender did so for their own sexual gratification, Kibler said.

The defense wrapped up its case by again questioning the relevance the semen stains on the chairs and blankets taken from Mother Hubbard's Day Care as evidence.

"This is the man's home," Defense Attorney Anthony Bruno said.

Kibler said "no reasonable person" would behave the way Hubbard did when he lived and worked at the day care. Kibler also claimed that Hubbard knew that what he did was wrong, and since being accused has tried to downplay his actions when speaking with law enforcement.

"Martin Hubbard minimized his behavior," Kibler said.

The eight counts Hubbard has been convicted on carry a combined life sentence.

Hubbard's sentencing hearing is scheduled for Sept. 20 at 1 pm.

Nick Taylor can be reached at nick.taylor@effinghamdailynews.com or by phone at 618-510-9226 or 217-347-7151 ext. 300132.