"He raped me" 11 year old testifies about how her 62 year old foster father allegedly abused her daily and how she thought of running away; he stares at her while she testifies

The first witness for the People was Jane Doe #1. Victim witness was allowed to sit with her while she testified due to her young age and nature of the case. In the courtroom was DA Investigator Kyla Baxley, who is assigned to CAST cases such as this one. Two other victim witness representatives sat with Jane Doe's aunt and I presume, her mother.

The three recently hired Deputy District Attorneys, a lady I think belongs to some organization, maybe CASA and I were the only other people in the courtroom.

Deputy District Attorney Zach Curtis was gentle and sensitive in his questioning of the young victim. Her answers to him were direct, credible, and when it came to a sexual nature, her voice would get soft and you could see her embarrassment. If she could not remember, she would say so without hesitation.

Jane Doe #1 has 4 sisters, one a couple of years younger than her, Jane Doe #2. At the time of the alleged incidents, Jane Doe # 1 was about 9 years old and her sister about 7 years old. She said she has lived with her mom for 3 years.

DDA Curtis: "Who did you live with before?"

Jane Doe: "Ed"

Ed is a name those who were close family and friends called John Kufner. I have that information from an independent source who contacted me after my initial post on this blog.

Jane Doe said before Ed, she lived with her dad. Said she got to know Ed through friends in the trailer park. She was very specific and gave the exact day her Dad died, May 11, 2011. Then she moved into foster care.

When DDA Curtis asked her about foster care, her voice got soft and she said, "I lived with Ed in the trailer."

DDA Curtis: "Are you a little nervoius?"

Jane Doe: "Sorta."

DDA Curtis: "You know why you are here this morning? Tell us in general terms."

Jane Doe: "Because Ed did something he shouldn't."

DDA Curtis: " Did that involve you?"

Jane Doe: "Yes."

DDA Curtis: "Is that when you were living with him?"

Jane Doe: "yes."

DDA Curtis: "Was it more than once?"

Jane Doe: "Yes."

She could not recall exactly when the first time was that Ed did what he did but she said it was not always the same.

Then she said, "He raped me."

DDA Curtis: "Did it happen more than once?"

Jane Doe: "Yes."

DDA Curtis: "What did you mean by he raped you?"

Jane Doe: "I mean...uh...I don't know how to..."

DDA Curtis: "Did his act involve part of your body?"

Jane Doe: "My privates."

DDA Curtis: "Below the waist?"

Jane Doe: "Below"

DDA Curtis: "Did it involve part of Ed's body?"

Jane Doe: "Sometimes fingers."

Then DDA Curtis asked her a question and she responded, "He put them...in something I don't like to say."

DDA Curtis" "Below the waist?"

Jane Doe: "Yes."

DDA Curtis: "Front or back?"

Jane Doe: "Front."

DDA Curtis: "Did he touch you with his fingers?"

Jane Doe: "Yes."


DDA Curtis: "The part he touched you with, what do you normally do with it?"

Jane Doe: "Pee."

When asked if this only happened when she was living with Kufner, Jane Doe said, yes.

DDA Curtis: "Are you able to say how often?"

Jane Doe: "Daily."

She is 11 years old now. She said Kufner touched her under her clothes. She would be trying to sleep, and when he touched her, her little sister was sleeping in the lower bunk, it was always late at night.

DDA Curtis: "Did he touch you with something else?"

Jane Doe: "Yes."

DDA Curtis: "Did his touching you happen on more than one occassion?"

Jane Doe: "yes."

She then testified about the camping trip in the woods with a river by the campsite. In a tent big enough for 8 to 10 people, there was one air mattress and Kufner slept in between the girls.

She was wearing a shirt and "princess pajamas. He was messing with them, my pants. He took them off" and her underwear at the same time. She said "Ed was not wearing anything at all and she felt that when she was trying to push him away. She was successful. "I got up and put on my pajama bottoms." She said she was thinking of waking her little sister and running away but she thought her sister would be too loud. "I was going to run to the nearest tent but they all had left." So she went to the other side of the tent and slept until morning.

When she was pushing Kufner away, she felt his shoulders and "another private part", when asked by DDA Curtis, she described the part as , "below that waist" and "that part was touching my private part." She described Kufner's part as the "part you do # 1 with."

Mr. Russo had a few minutes before noon to start his cross examination. He stood blocking her view from the right side of the courtroom, where the only person at that time was myself and maybe the lady I think was the CASA advocate. He interrogated her as if she was an adult and not a child trying to accuse her of being coached and breaking rules. He failed. She was very calm and answered questions. She also refuted his claims in opening statement that her mom made them call strange men dad.