Criminal Sexual Contact of a Minor
Trial Transcript Citations of Touching
(names of minors have been redacted)
This is a document of citations compiled from the trial transcripts of Wayne Bent's trial, where physical contact occurred between the defendant and A.S. and L.S., as described by the witnesses present when the healing events occurred on July 31st and August 2nd 2006. These citations are divided into two sections: the citations in reference to Count (1) and the citations in reference to Count (2) of the Criminal Sexual Contact with a Minor charges in the jury instructions. (Note: The transcript references below are from the initial uncorrected legal transcripts; therefore some page numbers may be off a page or two from the final corrected version. Also provided are the urls where the citations can be located in the online version of the trial transcripts done by Jan Brennan.)
Included in both sections are citations from Agent Martinez, who testified concerning the defendant's filmed interview at the time of his arrest on May 6, 2008. The part of his testimony included here is his description from the court record of the actual physical contact between the defendant and the two minors, which is regarding Count (1). There is also a citation from Dr. Seigel regarding the authority element of Count (2).
Jury Instructions given December 12, 2008, Trial day 6, pages 10, 11
In order to convict defendant of Criminal Sexual Contact with a Minor on the Counts below, the State had to prove that defendant:
(1) touched or applied force to A.S.'s breast, buttocks or vagina;
(2) by reason of his relationship with A.S. was able to exercise undue influence over her and use his authority to coerce her to submit to sexual contact.
The following citations are in reference to Count (1): touched or applied force to A.S.'s breast, buttocks or vagina;
http://strongcity2.info/trial/pros_agentmartinez.htm
Testimony from Agent Martinez:
1Tr87 5-6
Agent Martinez: He said that he placed his hand on his sternum... on their sternum, and in a healing type of manner.1Tr89 9-10
Agent Martinez: He would place his hand on their sternum, and, once again, for healing purposes.1Tr90 7-11
Agent Martinez: He said it was for healing purposes. He said he was very careful to stay away from their private parts, their intimate parts.
Donald Gallegos: Did you ask him why that was so?
Agent Martinez: Because he felt it was a healing and not sexual.1Tr90 12-18
Donald Gallegos: Did he ever indicate to you or show you how he did this touching?
Agent Martinez: Yes, he did.
Donald Gallegos: And if you can, can you describe that in more detail?
Agent Martinez: Well, what he showed us is that he would just get his hand and place it on their sternum area, towards the middle of the chest or what he said "the heart area."http://strongcity2.info/trial/pros_agentmartinez.html
1Tr95 14-19
Ms. Montoya: And did he, or did he not, compare what he did with the girls to that of a doctor?
Agent Martinez: Yes, he did.
Ms. Montoya: Did he, or did he not, tell you that there was nothing sexual about the touching?
Agent Martinez: Correct.
http://strongcity2.info/trial/prosdirect_ls.htm
Testimony from L.S.:
3Tr26 5-11
Emilio Chavez: And you've had a lot of opportunities to talk to a lot of people about what you remember happened. Did you ever tell anybody that he put his chest on your chest?
L.S.: Yes.
Emilio Chavez: Okay. And did that happen?
L.S.: He did put his chest on me, but he did not put it directly on my breasts.3Tr27 16-24
Emilio Chavez: During this interaction with Michael, did he ever put his hand on your heart?
L.S.: Yes.
Emilio Chavez: Okay, and were you still not wearing clothes?
L.S.: Yes.
Emilio Chavez: Okay, can you please demonstrate for the members of the jury where his hand was?
L.S.: Right here.
The Court: Can you show...3Tr26 18-20
L.S.: ...I don't remember Michael ever touching my breasts. And this is one reason why I know he didn't lay his chest directly on me.3Tr27 2-4
L.S.: Well, Michael didn't lay his whole body on me. It was just his chest, and it was below my breast, and he lay his head on my heart right here.
http://strongcity2.info/trial/defensecross_ls.html
3Tr53 2-9
Ms. Montoya: But the other parts that are covered -- particularly between the legs, on the back, or on the front that are covered by the bikini, did he touch any of those parts?
L.S.: No.
Ms. Montoya: Are you sure?
L.S.: I am most positive.http://strongcity2.info/trial/judgedirectquestions_ls.html
3Tr68 16-23
Judge Baca: Where was his chest laying on your body?
L.S.: Right here.
Judge Baca: Okay. And your indicating.... you might turn around so the jury might see you.
L.S.: It was right here.
Judge Baca: And you're indicating an area about your abdomen. Is that correct?
L.S.: Yeah.
http://strongcity2.info/trial/prosdirect_as.html
Testimony from A.S.:
3Tr82 7-10
Emilio Chavez: Did he kiss you anywhere else?
A.S.: Yes.
Emilio Chavez: And I know it's difficult, where did he kiss you?
A.S.: On the breast.
Emilio Chavez: Okay. And when you say on the breast, where do you mean?
A.S.: Right here.3Tr82 14-25 to 3Tr83 1
Emilio Chavez: Did he put his hand on your chest?
A.S.: Yes.
Emilio Chavez: Where did he put his hand?
A.S.: Right here.
Emilio Chavez: And I'm sorry, because everybody is recording this and they have to write it down. Can you tell us what physical part of your body he put his hand on?
A.S.: Over the heart.
Emilio Chavez: And when he had his hand over your heart, was part of his hand touching your breast?
A.S.: I don't remember.
Emilio Chavez: Okay. Did he touch you with his hands anywhere else?
A.S.: Not that I recall.3Tr83 19-24
Emilio Chavez: Did he ever hold you to him while you were in that room?
A.S.: Yes.
Emilio Chavez: Okay, how did he hold you? Was it an embrace? Did he just put his arm around your shoulder?
A.S.: I'm not sure.
http://strongcity2.info/trial/defense_cross_as.html
3Tr87 2-10
Ms. Montoya: Okay. I want you to be very clear for the jury. When Wayne Bent touched you, did he touch any of the parts that are covered by the bikinii on this doll? Did he touch your body, if [you] had this bikini on your body, did he touch your body in the [sic] any of the spots that would have been covered by this bikini?
A.S.: No.
Ms. Montoya: Are you sure?
A.S.: Yes.3Tr87 11-17
Ms. Montoya: Now, when you say he kissed my breast, I mean we all just had Thanksgiving. Turkey breasts are from here to here, Okay. So when you say he kissed my breast, are you talking about here or are you talking about the round, fleshy part that feeds a baby? Show us on your body where? And when he laid his hand on you, he did it where? Okay. Nothing further.
http://strongcity2.info/trial/defense_waynebent_direct.html
Testimony from Defendant:
4Tr93 7-12
Ms. Montoya: At any time or at any point during that day did you apply any touch to any intimate private parts of A.S.?
Wayne Bent: No ma'am.
Ms. Montoya: Are you very clear about that, given the encounter that you had with her that day?
Wayne Bent: Very certain.4Tr93 16-18 [regarding L.S.]
Ms. Montoya: Did you apply any touch anywhere on her body that would be considered an intimate part of her body?
Wayne Bent: No ma'am.
http://strongcity2.info/trial/prosecution_crosswaynebent.html
4Tr104 11-13
Tomas Benavidez: Did you put.... you said you put your hand on her sternum when she lay next to you, right?
Wayne Bent: Yes.4Tr104 14-25 to 105 1-5
Tomas Benavidez: Show me how you put your hand on her sternum.
Wayne Bent: Well there were a couple of incidents there in that meeting, and as I recall we just lay there. She laid separate from me for awhile. And I laid separate from her and then --
Tomas Benavidez: Mr. Bent, the question I asked you.. And, Your Honor, if he can respond to the question.
Judge Baca: Please restate the question.
Wayne Bent: I think I'm getting to the answer.
Tomas Benavidez: Oh. What I asked is … I asked if you put your hand on her sternum?
Wayne Bent: Yes, that's where I'm going, but I wanted to give you a picture of what happened.
Tomas Benavidez: Okay.
Wayne Bent: Then, I .... she was on my left side, because she got in the bed last. And I turned on my side, and I put my hand on her sternum.4Tr105 7-15
Tomas Benavidez: Can you stand up and show the jury how you put your hand on her sternum.
Wayne Bent: Yes.
(Note: Witness is up demonstrating)
In L.S.'s case, it was straight up and down, like this. If I put my hand on the sternum of somebody clothed, I'm not always so careful where I put my hand. But in her case, I was being exceptionally careful, not to enter into any kind of sexuality with her.4Tr106 15-17
Tomas Benavidez: Did you at any time hug her?
Wayne Bent: I put my hand around her neck, while I had my hand on her sternum, and I gave her some support.4Tr106 22-25 to 107 1-4
Tomas Benavidez: And your stomach and your stomach....your chest was on her stomach. You heard her say that, right?
Wayne Bent: I thought she said rib cage or something below her breast.
Tomas Benavidez: Okay.
Wayne Bent: I would agree.
Tomas Benavidez: You did that?
Wayne Bent: Yes.4Tr112 12-16
Tomas Benavidez: Okay. She also said that you kissed her on her breast here.
Wayne Bent: No, she.... in an earlier interview, she.... it was pointed out the clavicle area. It was.... I never touched any fleshy part of the breast.
4Tr114 22-25 to 4Tr115 1-5
Tomas Benavidez: Mr. Bent, when A.S. made that statement, Ms. Montoya asked her, "Did he touch you where you say the Pledge of Allegiance," and A.S. said yes. And her hand was from the top of her... the top of her breast, up to the sternum. And my question to you is you saw her. Where.... and you answered you don't remember, is that correct?
Wayne Bent: I am very certain because I paid close attention that I never touched any fatty area of the breast area or any other to be construed sexually. I am certain of it.4Tr115 12-15
Wayne Bent: I remember that because I have a covenant. I paid close attention with both L.S. and A.S. not to get anywhere near that. And that I can say for certain.... for a certainty.Ms Montoya
December 9, Trial day 2, page 56, Deliberation on exhibits
2Tr56 4-15
Tomas Benavidez: ...those aren't photographs of children being touched while they're unclothed.
The Court: All right.
Ms. Montoya: Your Honor, it's their religion and the practice within the religion. Additionally, your Honor, what the state is trying to sell to the jury is the idea that when Wayne Bent touched A.S. here that that was a sexual contact, that's what they're trying to sell to the jury. It is our position that touching in this position on the body is not criminal sexual contact. And that is typically where he touched. Additionally, he will testify that is where he touches.
The following citations are in reference to Count (2): by reason of his relationship with A.S. was able to exercise undue influence over her and use his authority to coerce her to submit to sexual contact.
http://strongcity2.info/trial/pros_agentmartinez.html
Testimony from Agent Martinez:
1Tr86 18-21
Donald Gallegos: Did he invite them over?
Agent Martinez: No.
Donald Gallegos: Okay. So they were there on their own?
Agent Martinez: Yes,...
http://strongcity2.info/trial/prosdirect_ls.html
Testimony of L.S.:
3Tr17 24,25 to 18 1-5
Emilio Chavez: Did he tell you how to interpret these feelings or what these feelings may mean?
L.S.: I don't think so. I think he just shared with me. Like he thanked me for sharing with him what God had been revealing to me, like it blessed him, but I don't really remember him telling me, like, what my feelings meant or anything.
http://strongcity2.info/trial/defensecross_ls.html
3Tr42 10-21
Ms. Montoya: I wanna be real clear about the land and if there's a rule[r] over the land. Is Michael in a position of authority over you?
L.S.: No.
Ms. Montoya: Who is?
L.S.: God.
Ms. Montoya: And he is in authority over everyone on the land, Michael?
L.S.: No.
Ms. Montoya: Can you describe if it's not that leader or authoritative figure, what is his role?
L.S.: To tell us the truth.3Tr51 16-25 to 3Tr53 1-9
Ms. Montoya: I want you to explain about skin-to-skin.
L.S.: Yes.
Ms. Montoya: Because people get an idea in their head who aren't used to the way you all talk.
L.S.: Yeah.
Ms. Montoya: Does that mean everybody gets naked and rubs up against each other? Is that getting skin-to-skin?
L.S.: Not everybody. (laughs)
Ms. Montoya: So what skin are we talking about?
L.S.: Nonsexual skin. (laughs)
Ms. Montoya: Okay, are we talking about hands?
L.S.: Yes.
Ms. Montoya: Okay, and where are the hands laid?
L.S.: On the sternum.
Ms. Montoya: Okay, that gets us to this point. On this doll, there are certain parts of the body that are covered by cloth. Did Wayne Bent touch your body on any of the parts, any of the parts that are covered by clothing on this doll?
L.S.: Yes.
Ms. Montoya: Okay, where?
L.S.: On my hip.
Ms. Montoya: On your hip?
L.S.: Yes.
Ms. Montoya: And the hip is covered with cloth. Can you point for us where?
L.S.: He put his hand right here[.]
Ms. Montoya: On the side?
L.S.: Yes, on my side, well --
Ms. Montoya: Okay, the intimate parts of the.... would you consider that to be an intimate part of your body?
L.S.: No. (laughs)
Ms. Montoya: Okay. And the time that he touched you on your side.
L.S.: Yes.
Ms. Montoya: Was it this night that we're talking about/ Was it July thirty-one?
L.S.: I think so, yes.
Ms. Montoya: But the other parts that are covered -- what -- particularly between the legs, on the back, or on the front that are covered by the bikini, did he touch any of those parts?
L.S.: No.
Ms. Montoya: Are you sure?
L.S.: I am most positive. (laughs)3Tr53 16-20
Ms. Montoya: Are you still a virgin?
L.S.: Yes.
Ms. Montoya: Do you intend to stay a virgin for the near future? You're not looking to change that, right?
L.S.: No.3Tr54 6-13
Ms. Montoya: Okay, but were there any words that were encouraging you to do anything sexual with him?
L.S.: No.
Ms. Montoya: He wasn't encouraging you to touch any naked parts of his body?
L.S.: No.
Ms. Montoya: Have you seen him naked?
L.S.: No.3Tr55 1-4
Ms. Montoya: Okay. So his intimate parts, you've never seen?
L.S.: No.
Ms. Montoya: Or felt?
L.S.: No.3Tr59 17-25 to 3Tr60 1-2
Ms. Montoya: And in that letter, did you explain to Mr. Gallegos that no sexual touching took place?
L.S.: Yes.
Ms. Montoya: We would move defendant['s] 74 into evidence, your Honor.
Judge Baca: Any objections?
Emilio Chavez: No objection, your Honor.
Judge Baca: Let me look at it.
Ms. Montoya: Healed, do you stand by the words that you wrote to Donald Gallegos in that letter?
L.S.: Yes.3Tr61 7-11
Ms. Montoya: Now, if you go home, are you in any danger from Michael or Wayne Bent?
L.S.: No.
Ms. Montoya: Being sexual with you?
L.S.: No.
http://strongcity2.info/trial/judgedirectquestions_ls.html
3Tr68 16-23
Judge Baca: Where was his chest laying on your body?
L.S.: Right here.
Judge Baca: Okay, and your indicating.... you might turn around so the jury can see you.
L.S.: It was right here.
Judge Baca: And you're indicating an area about your abdomen, is that correct?
L.S.: Yeah.
http://strongcity2.info/trial/pros_judge_redirect_as.html
Testimony from A.S.:
3Tr88 1-7
Judge Baca: Why is that you went there?
A.S.: Because I felt I needed to.
Judge Baca: Did anybody send you there or pressure you in any way to go there?
A.S.: No.
Judge Baca: Was this a decision you made on your own?
A.S.: Yes.
http://strongcity2.info/trial/prosdirect_as.html
3Tr78 20-23
Emilio Chavez: Okay. Did you suggest to go to the bedroom?
A.S.: Yes.
Emilio Chavez: Why did you suggest to go to the bedroom?
A.S.: Because it was something I had to do.
Note: A.S.'s statement of fact to Judge Baca, directly below, followed by the next citation where Chavez misstates her sentence using the word "told" to imply that Michael was exercising authority over her:
3Tr79 21-22 to 3Tr80 1-3
A.S.: He left the bedroom, and he said that I could get undressed, and then he'd come in.
Judge Baca: I'm sorry. I couldn't hear you. I don't think anybody heard you. Would you mind getting a little bit closer to the microphone. And just speak up a little bit more. Answer that question again.
A.S.: He said he'd leave the bedroom and I'd get undressed and lay on the bed, and then he would come in.
Chavez, restating A.S.'s answer differently than what she said, trying to use it to show that Mr. Bent was ordering her to the bedroom:
3Tr80 4-8
Emilio Chavez: Okay, so he told you to get undressed and lay on the bed?
A.S.: Yes.
Emilio Chavez: And did you do that?
A.S.: Yes.MS. MONTOYA, on redirect, clarifying the word "told":
3Tr85 19-21
Ms. Montoya: Now you [A.S.] said he told you to get undressed. Was that after you explained why you were there?
A.S.: Yes.
http://strongcity2.info/trial/defense_waynebent_direct.html
Testimony of Defendant:
4Tr92 9-12
Ms. Montoya: It is charged that on or about the 2nd day of August 2006, that you applied unlawfully and intentionally force to the unclothed intimate parts of A.S.? Is that true?
Wayne Bent: No, ma'am.4Tr92 5-8
Ms. Montoya: Mr. Bent, it has been alleged that on the 31st day of July 2006, that you had applied unlawfully and intentionally force to the unclothed intimate parts of L.S. Is that true?
Wayne Bent: No, ma'am.4Tr93 1-6
Ms. Montoya: As to the criminal sexual contact of a minor regarding A.S. on the 2nd day of August 2006, do you recall A.S. coming to your house on that date?
Wayne Bent: Yes.
Ms. Montoya: Did you invite her?
Wayne Bent: No.
http://strongcity2.info/trial/prosecution_crosswaynebent.html
4Tr111 2-16
Wayne Bent: Okay. As she sat in the chair, she was talking about having a great desire to lay naked on my bed with me there. But I sensed that she was uncomfortable with it, and I think she may even have told me she was uncomfortable with it. And I said, "There's certainly nobody requiring this of you. Why are you asking this of me?" And she said, "God told me to do this, and I must." And I said, "But you're not comfortable with this." And I tried to discourage her a couple of times, and then I felt well, I've got to be true to her. And so, I told her what would precipitate what she asked me for, and that's that she could go into the bedroom, I'd close the door so that she could get undressed and lay on the bed, and then I came in a few minutes later. I came around the bed and laid next to her. I was fully clothed. And I put my hand on her sternum then, and then we visited.
http://strongcity2.info/trial/pros_cross_dr_seigel.html
Testimony of Dr. Seigel:
4Tr 22 9-23
Dr. Seigel: Well that, plus I guess the major thing that I heard from them is this idea that Dr. Dinsmore was developing of him being this kind of typical leader, as I described earlier, that what I heard was the group itself had much more individual, as well as group authority, that he was not the sole boss, if you want to use that term, that they had government. They didn't use that term with me, new government, but I asked them about several things that Dr. Dinsmore had in her report, and they said, "Oh no, the group made the decision," and that each person is much more independent than I had previously thought I would find. So, again, it turned my notion of what I expected to find, say this is a much more egalitarian or democratic group and that, in fact, the notion of him being this messiah was also a question for me. They said, "No, everyone is a messiah," that the message of God comes through everyone.