The alleged victim in a child sexual molestation case didn’t sustain a physical injury, according to a medical expert.
Dr. Robert Heyl, a private family physician, was instructed by law enforcement to conduct a physical examination of the now 10-year-old girl. The exam occurred two days after the alleged assault in June 2013.
“I did not find any injury,” Heyl told jurors on Tuesday, Jan. 13.
A prosecution witness, Heyl explained the physical examination in detail. Informed the alleged victim was only touched, Heyl said on direct examination that his findings were expected. On cross-examination, Heyl added that his findings would also be consistent if no crime had been committed.
On the witness stand for about a half-hour, jurors also submitted written questions for Heyl. After a brief discussion with attorneys, Chief District Court Judge Doug Walker allowed Heyl to respond.
Addressing jury queries, Heyl testified the then-8-year-old reported normal anxiety for undergoing such a medical procedure.
A member of the American Professional Society on the Abuse of Children, Heyl has been a practicing physician since 1978. He currently has a private practice in Cortez.
Detective Gary Stevens of the Cortez Police Department also testified on Tuesday. He led the investigation, which resulted in a multiple-count indictment of both sex and drug charges against Andrew Allmon, 55, of Cortez.
Stevens said he never personally interviewed the alleged victim or her older sister, the only eyewitness in the case. He did observe a social worker conduct a forensics interview of both girls.
A routine procedure in child sex assault cases, a forensics interview includes questions to determine a child’s mental capacity and understanding. Jurors were shown a redacted version of the forensics interview with the eyewitness.
On cross-examination, Stevens testified that leading or suggestive questions from authoritative officials, whether police, parents or social workers, could influence a child’s statement. He also confirmed that jurors didn’t see the entire forensics interview.
A jury of 14 was selected last week to hear evidence in the case. Two jurors are serving as alternates; meaning only 12 will determine the verdict. If convicted, Allmon could receive a life sentence.
A Montezuma County grand jury indicted Allmon on nine counts of child sexual assault and four drug offenses. The defendant allegedly committed the sexual assault offenses within six weeks of inviting a homeless family to move into his Cortez home. A 2008 convicted sex offender, Allmon allegedly abused the youngest of three daughters after allegedly drugging the father of the minor child with Oxycontin.
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