Ocala jury finds man guilty of lewd or lascivious molestation of a child; sentence pending
A jury on Friday returned a guilty verdict in the case of a 42-year-old Reddick man charged with two counts of lewd or lascivious molestation on a child.
Out of jail on bond since his April 2019 arrest, Duwayne Lindell Jamerson was taken back to the lockup after the verdict was announced. He will remain there until sentencing.
A pre-sentence investigation was ordered for Jamerson. He will learn his fate within the next 30 days.
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Seated between Assistant Public Defenders Kathryn Hamilton and Ben Christian, Jamerson was not handcuffed or shackled throughout the daylong trial.
Two women who knew Jamerson and sat behind the defense during the trial declined comment.
Jamerson is accused of touching a girl inappropriately while the two were alone together at different times several years ago.
Three women and four men, with one serving as an alternate, were sworn in as jurors on Tuesday. After the jury instructions were read aloud by Circuit Judge Anthony Tatti, who presided over the trial, six people – three were women and three men – deliberated and reached the verdict.
Opening statement from the state
In his opening statement, Assistant State Attorney Esteban Alvarez told jurors Jamerson touched the victim while she was reading a Harry Potter book inside her apartment back in 2008. At the time, the girl was 7 or 8.
The prosecutor said the girl told her mother what happened and the woman confronted Jamerson. He denied the accusation and left the residence. Jamerson returned roughly a week later, Alvarez said.
A few years later, Alvarez said, the girl and her mother moved to Reddick. There, Jamerson twice touched the child's breast while the two played a videogame.
Opening statement from the defense
Hamilton, in her statement to the jury, said there were no reports, no documentation, no physical evidence and no DNA evidence to prove Jamerson committed a crime. Hamilton said it's the minor's word against Jamerson's.
The defense lawyer said Jamerson never made a confession.
Witnesses for the prosecution
Marion County Sheriff's detectives were told in September 2018 that Jamerson had touched a girl. Deputies were unable to find Jamerson until January 2019. Jamerson was interviewed about the allegation and he denied doing anything to the minor.
He was released and detectives continued their investigation. Sheriff's officials got more information and tried reaching Jamerson, but were unable to find him. Once they believed they had enough evidence to support an arrest, Jamerson was picked up in April 2019.
Testifying for the state was the victim, several family members – including her mother –and Sgt. Erik Dice, the detective who investigated the case. Though the victim is now an adult, the Star-Banner is not revealing her name or the names of her family members to protect the victim's identity.
Tearful testimony from the victim
On the stand, the victim cried and told the court about separate instances when Jamerson molested her. She said after the first incident, she told her mother and Jamerson gave her a look as if she should not have said anything. She said she never told her mother about the other instances because she didn't want to hurt her.
The mother told the court that when her daughter told her about the first incident, she did not want to believe that it could happen.
At one point, the woman said, her children – two daughters – were in Jamerson's care because they were in the middle of school and she didn't want them changing schools.
An aunt who testified reported the abuse to law enforcement officials. She was told about the allegations during a group chat between family members, according to testimony.
The prosecution asked the aunt to read aloud a text message, which was sexual, that Jamerson had sent to the victim.
The defense cross-examines witnesses
Hamilton and Christian took turns cross-examining the prosecution witnesses.
Among the questions: If Jamerson was suspected of wrongdoing, why were the victim and her sister left alone with him? Why weren't the allegations reported sooner? How can anyone be so sure these incidents occurred, since it's the victim's word against Jamerson's?
Jamerson did not testify in his own defense. The defense did not present any witnesses.
Closing arguments
In closing, Alvarez said Jamerson convinced the child's mother that the first incident did not happen. The prosecutor said what Jamerson did was lewd and wicked.
He argued that the victim continued to play the videogame with Jamerson because she thought she could win. The molestation happened only if she lost.
Also, text messages Jamerson sent to the victim shows he knew he was guilty, Alvarez said.
Hamilton, in her closing, again told the jury that there's no evidence linking her client to the crimes. She said the allegations were made years ago and only surfaced during a family fight.
The defense wondered about the delay in reporting and also wondered about the mother's position in the matter.
Contact Austin L. Miller at austin.miller@starbanner.com.
This article originally appeared on Ocala Star-Banner: Ocala jury finds Florida man guilty of molesting child; sentence pending
