Another coach in Fortuna. This one calling law enforcement and admitting touching a minor on a baseball team he coached. John Doe's father and Benjamin Pesch used to be close friends. Pesch told HCSO there had been a similar incident with another minor.
Despite two intervention hearings, including one yesterday morning before his scheduled preliminary hearing, there was no resolution in alleged child molestor Benjamin Pesch's case. The preliminary is proceeded in the afternoon on 3/7 with Judge Kaleb Cockrum presiding.
Judge Cockrum offered Deputy District Attorney Carolyn Schaffer and Mr. Zach Curtis an opportunity to meet with him in chambers before the preliminary hearing started and for the third time, there was no resolution.
Pesch is charged with PC 288 (c) (1) lewd act upon a child. The alleged victim John Doe was 15 years old at the time.
Pesch posted bail. He was in court today in a dress shirt and pants. Before the preliminary hearing started, there was a man sitting next to Benjamin Pesch whose resemblance indicated he was a family member. I recognized him and from his acknowledgement of me, I believe it was Scott Pesch. Scott Pesch did not stay for the preliminary hearing.
The People only had one exhibit, the booking photo of Benjamin Pesch and one witness, HCSO Deputy Joe Rogers. It was very hard to hear him due to enunciation and because he sat far away from the mic. In all the instructions he gave to Deputy Rogers about testifying, Judge Cockrum should have emphasized that one. He did not; nor did Judge Cockrum address that during testimony.
In molestation or sexual abuse cases and in court testimony, the alleged victim is referred to as John Doe. Only initials of his father and mother's name and initials of the first name of two juveniles will be used even though full names of parents were given in the testimony. This is a small town and people are already familiar with the alleged victim and the family is well known.
In this case, Benjamin Pesch's attorney, Mr. Curtis in his closing said his reasons for coming forward were so his family would not suffer mitigating circumstances. Ms. Schaffer in her closing said nothing in the evidence suggested Pesch had remorse but acknowleged there may have been other reasons Pesch came forward. I recognized the alleged victim's family name right away and do feel that Pesch partially came forward because in addition to any potential legal reasons, there may have been or may already have been professional and personal fallout for his other family members.
Deputy Rogers testified that on April 11, 2022, a reporting party called dispatch and said "they may have illegally touched a minor two years ago and wanted to report it."
Deputy Rogers spoke with Benjamin Pesch over the phone. Pesch advised told him that two years ago, he was "sleeping at a friend's residence at (name of road not printed on blog to protect John Doe and family) Road.
During the course of the night, Pesch said he "touched the victim's inner thigh. Pesch said he was "somewhat aroused but that he had not touched himself."
Pesch gave Deputy Rogers the name of the alleged victim and said the minor was 15 years old. At the time of the incident, John Doe was 13 years old. Pesch was 49 years old "at the time of the touching." Pesch told Deputy Rogers that he was not under the influence of drugs or alcohol at the time of the alleged incident.
Pesch told Deputy Rogers that "he had a fallout with his nephew and his nephew wanted him to come out with it."
Pesch told Deputy Rogers there was a similar incident in California when Pesch was 20 years old and the minor was 13. Pesch told Deputy Rogers "he does not want to have sex with children but had a problem (rest of DeputyRoger's response was inaudible)."
R. B. is John Doe's father. Pesch coached a baseball team and frequently came over to John Doe's house and stayed overnight.
John Doe told Deputy Rogers that he was 14 years old at the time of the incident. "He woke up to observe Pesch standing over him and that made him uncomfortable."
"Pesch, John Doe and two other juveniles were in the room at that time," said Deputy Rogers. One of the other minors was "E", Pesch's nephew and the other minor was "H", John Doe's older brother. Deputy Rogers spoke with "E" and "H."
"H" had spoken with M.B., their mom the day before Pesch made the report. M.B. recalled that since the alleged incident, Pesch became awkward with the family and "then all communication was cut off."
"E" said they watched movies that night and went to bed. "E" did not observe the incident because he was asleep.
"H" was 17 years old when he spoke with Deputy Rogers. "H" observed Prsch standing over John Doe. "H" said John Doe threw a pillow at Pesch which caused items to fall. This woke up R.B.
"H" said he woke up because Pesch was shining a flashlight at the boys. "H" observed Pesch touch John Doe "on the lower torso."
"H" spoke with Pesch who said John Doe was "fidgeting."
M.B. said John Doe did not tell her Pesch had touched him. John Doe just said Pesch was standing over him.
"H" told Deputy Rogers that "he threatened to kill Pesch to ensure it would not happen again." Deputy Rogers did not write this in his report.
Judge Cockrum held Pesch to answer. Arraignment on information is on 3/21. Judge Cockrum said defense 17 (b) motion to reduce the charge was premature and that he did not have enough information to rule. The 17 (b) motion was denied without prejudice. Judge Cockrum said it could be filed after trial or if the case resolves.
Mr. Curtis said Pesch is in counseling and he is not coaching anymore.
Complaint:
This is another case where the only judge disqualified is Judge Gregory J. Kreis.
**This site covers court and crime. This post is about an alleged lewd act upon a minor. Court testimony in such cases requires details, specifics of the alleged act. While the testimony on this case was minimal and not graphic, those who are not regular readers of this blog are cautioned of the sensitive content of the court testimony**
Previous posts:
https://johnchiv.blogspot.com/2022/06/second-alleged-child-molestor-in-9-days.html?m=1
https://johnchiv.blogspot.com/2022/06/benjamin-pesch-arrested-for-lewd-acts.html?m=1
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