NEW BOSTON, Texas-Jury deliberations in a child sex abuse trial in Bowie County are expected to continue Thursday morning at the Bowie County Courthouse in New Boston.
Maurice Johnson, 41, is accused of inappropriately touching two girls, now ages 12 and 14, when he lived with them, their mother and younger brother between October 2016 and March 2017. Johnson, who was dating the mother, allegedly attempted to kiss the girls on their mouths and touched their breasts and buttocks over their clothing on multiple occasions.
The jury heard closing arguments mid-afternoon Wednesday in the case. After about two hours, the jury sent a note to 202nd District Judge John Tidwell stating they were deadlocked and could not reach a unanimous decision. Tidwell sent a note back to the jury encouraging them to continue discussing the case shortly before placing them in an evening recess with instructions to return to the courthouse Thursday morning to continue deliberations.
Johnson's jury was tasked only with deciding if Johnson is guilty of touching the older alleged victim, though he is charged in a separate case with the same offense involving the younger alleged victim.
Both girls testified under questioning from Assistant District Attorney Katie Carter that while living in a house on Milam Street in Texarkana, Texas, they were frequently groped by Johnson while their mother was at work. The older said she and her younger sister were "half asleep" on a queen bed in the bedroom they shared when Johnson first touched them sexually.
She said Johnson laid across her body and "started feeling" on her younger sister before "feeling" on her. The younger sister's account was similar to that of the older alleged victim's.
"He would try to touch you where you shouldn't be touched," the younger alleged victim testified. "More than one time."
The girls testified that when they tried to tell their mother about the alleged misconduct, she did not believe them.
"But now I do," the mother testified.
The two alleged victims and their younger brother were interviewed in March 2017 at a Children's Advocacy Center in Paris, Texas, after they moved from Texarkana to live with other family members. Forensic interviewer Angela Bates testified that she did not see evidence that the children had been coached, under questioning by First Assistant District Attorney Mike Shepherd.
"But she (the older alleged victim) had her feet up, drinking a Dr. Pepper, eating chips during the interview," asked Chief Public Defender Rick Shumaker under cross examination. "She was laughing and making all kinds of comments."
Defense attorneys are permitted to view videotaped recordings of Children's Advocacy Center videos, though the recordings of the children interviewed at the CAC in Paris were not played for the jury.
The final witness to testify for the state Wednesday was Texarkana, Texas, Police Detective Tabitha Smith. Under questioning from Shepherd, she described the children's accounts as "consistent with each other."
A videotaped recording of Smith interviewing Johnson about the allegations was played Wednesday for the jury. In the interview, Johnson denies ever touching the girls inappropriately.
The only witness to testify for the defense was Johnson's sister, Ashley Henderson, who said she works with children for a living and is a certified daycare provider. Henderson testified under questioning from Clayton Haas of the Bowie County Public Defenders Office that she often visited the Milam Street home while her brother was living there.
"They called him dad and they were happy," Henderson said. "They had a great relationship."
In closing remarks, Haas argued that Henderson's testimony refuted that of the children who said they did not like Johnson. Haas reminded the jury that Johnson was not arrested for several months after the children were interviewed.
"It's because they knew they had a weak case," Haas argued. "How do you prove something didn't happen?"
Shepherd and Carter argued that the consistent accounts provided by the girls and their younger brother are credible and provide the evidence needed to convict Johnson of indecency with a child by sexual contact.
"The defense wants you to believe that all three of those children are big liars," Shepherd argued.
Carter argued that a guilty verdict will help the children move forward.
"But those five months are moments in time nobody can give them back," Carter argued, referring to the length of time Johnson lived with the alleged victims.
The jury is expected to resume deliberations in the case Thursday morning. Indecency with a child by sexual contact is punishable by two to 20 years in prison and a fine up to $10,000. However, the state has filed a notice in the case seeking to enhance the punishment range facing Johnson to five to 99 years or life in prison because of a prior conviction for aggravated robbery with a deadly weapon.