Jul 28, 2015

The jury in the Kufner case has three options if they vote for a guilty verdict: continuous sexual abuse, lewd or lascivious acts or battery

The jury in the John Kufner case, in which there has been alleged sexual abuse by Kufner and the victim is his foster child, started their deliberations on Thursday, July 23, the jury returns to deliberate today,  Tuesday, July 28. Courtroom 4 was closed Friday and Monday.

I waited to post closing arguments until this morning. There was daily coverage of the trial on this blog and can be accessed via the search feature or scrolling through the posts in the last month, the first one being July 3. The references to the testimony in closing are in the detailed posts.

Before Deputy District Attorney Zach Curtis started his closing argument last Wednesday in the John Kufner case, in his closing instructions to the jury Judge Cissna said, "the following crime requires general criminal intent." To find a person guilty of the crime charged, wrongful intent is required.

Kufner  is charged with recurring sexual conduct, PC 288.5 (a). The complaint alleges that there was "continuous sexual abuse" and that Kufner "engaged in three or more lewd or lascivious acts with Jane Doe, a child under 14 years". According to the complaint, he resided with and recurring access to the child.

Deputy District Attorney Zach Curtis is prosecuting the case. Mr. Casey Russo from the Public Defender's office has been appointed to represent Kufner.


If the jury does not find Kufner guilty of "continuous sexual abuse, then they can  find him guilty of the lesser offense of lewd and lascivious acts or the lesser offense of battery or not guilty on all counts.




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