3 people ejected from sexual assault trial

By  | 

TOPEKA (WIBW)--- A 17-year-old woman told jurors Tuesday she was 11 years old when a male cousin in her family sexually assaulted her and showed her porn videos.

The young woman was the second witness in the trial of Aurelio Renato Marmolejo, 39.

Marmolejo is charged with:
-- Two counts of rape of a child younger than 14 by an individual 18 years old or older.
-- Two counts of aggravated indecent liberties with a child (lewd fondling with a child younger than 14 by an offender older than 18.)
-- One count of misdemeanor promoting obscenity to minors.

The trial started Monday in Shawnee County District Court.

13NEWS doesn't identify the victims of sexual assault.

In the summer of 2013, the 11-year-old was sleeping in a home away from her own home because the victim's home didn't have air conditioning when temperatures were hot.

Normally the girl would sleep in a bed with the girlfriend of Marmolejo in an upstairs bedroom, but sometimes the child slept on a couch in a downstairs living room.

The girl sometimes woke up and would find Marmolejo sitting on the couch without clothes on.

Shawnee County Deputy District Attorney Brett Watson asked the teen whether Marmolejo touched her with his penis in any way.

"Yes, in my area, in my vagina," the girl said.

As testimony wrapped up Tuesday morning, several supporters of the two victims verbally razzed Marmolejo's defense attorney, KiAnn Caprice, and clapped when the morning court session ended.

Senior Judge Gunnar Sundby immediately ejected two men from the courtroom for the duration of the trial. A woman also ejected herself.

As a security precaution, the front two rows of seats in the courtroom have been roped off to make a buffer zone between observers and the defendant.

After the lunch break, the second victim, now 16, testified Marmolejo would take her and her cousins to the mall and to movies.

The second victim said Marmolejo inappropriately touched her, once running his hand up her leg and showed her pornography "I didn't want to see" on his cell phone.

"I told him I was uncomfortable, I didn't want to watch it, and I turned my head to look out the window," the 16-year-old said.

On another occasion, he took her to a house, forced his penis into her vagina, the teen said. She didn't tell her parents about the incidents because she didn't know what their reaction would be.

A third woman, now 29, said she was 14 when Marmolejo put her hand in his pants as they viewed pornography, she said. On another occasion, the teen and Marmolejo went to a house, he pushed her onto a bed, she got up and left the residence in fear, she testified.

The trial is to resume on Wednesday.