A 49-year-old Odessa man was sentenced to 24 years in prison Friday after being convicted of sexually assaulting the 10-year-old daughter of a woman he’d been dating for five years.
It took a 244th Ector County District Court jury just over two hours to convict Jesse Felipe Espinosa on three out of the four counts of aggravated sexual assault of a child he was facing. The jury took another 30 minutes to sentence Espinosa to 12 years per count and Judge James Rush opted to run two of the sentences concurrently and the third sentence consecutively.
Espinosa had been facing 5-99 years or a life sentence on each of the three counts and it was up to Rush as to whether the terms would be served concurrently or consecutively.
Assistant Ector County District Attorneys Elizabeth Howard and Kevin Schulz reminded jurors during closing arguments Friday morning that DNA tests and physical exams corroborated everything the child told a forensic examiner and nurse following the assault, which was alleged to have occurred on April 13, 2020.
The evidence showed the girl suffered injuries and Espinosa’s DNA was found on the girl’s lips, breast and stomach, the prosecutors told jurors. In addition, a mixture of Espinosa’s DNA and the girl’s DNA was found inside her panties.
Defense attorney Michael McLeaish reminded jurors prosecutors did not present any evidence that DNA was found inside the girl’s vagina or anus. He suggested there are other ways to explain Espinosa’s DNA on the other areas of the girl’s body. DNA can be transferred during the washing of clothes, for instance.
The defense attorney also reminded jurors medical and law enforcement personnel did not find any semen or blood on the girl, her clothing or bedding.
Ultimately, the jury acquitted Espinosa on the count alleging he sodomized the girl.
Nineteen people were hung following the Salem Witch Trials because of false accusations and despite a lack of evidence, McLeaish said.
While some are inclined to believe all men are evil creatures who will do anything for sex, McLeaish said, “Is it possible other evil was done,” in this case?
Espinosa’s toothbrush could have been used to deposit his DNA onto the girl, he said.
“You really need to look at this ladies and gentlemen. No blood. No semen. No DNA,” he said.
Howard explained away the lack of blood by reminding jurors there was no testimony indicating the sexual assaults were violent or aggressive.
“Ladies and gentlemen, this is not the Salem Witch Trials and this is not a grand conspiracy,” Howard said.
What possible motive could the girl and her mother have for making up such a story, Howard asked. They had nothing to gain financially from the defendant, she said.
The prosecutor also suggested other DNA would have been found on the girl’s panties if it had been deposited by the washing machine. The girl also lived with two siblings and her mother.
“The real motive to lie lies with the defendant,” Howard said.
Prior to closing arguments, McLeaish had asked Rush for a mistrial in the case due to a pipe bomb being found outside the Ector County Courthouse, causing a one-day delay in the trial.
The defense attorney said he was convinced jurors might assume his client planted the pipe bomb to cause a delay and there was nothing he’d be able to do to lift the “cloud of suspicion” over his client. He noted that the police also questioned his client, telling him he was a potential suspect.
Howard argued against the motion, noting Espinosa was not taken into custody following the questioning and was, in fact, sitting there in the courtroom.
Rush denied the motion, saying jurors had been told all along they must render their verdict solely based on evidence they hear in the courtroom. He also denied a defense motion to individually question the jurors as to whether they were afraid to attend court. The judge pointed out none of the jurors had come forward to express any qualms.
