According to Amanda, she was sleeping in her half-sister’s bedroom when appellant came in and laid down across her chest. Amanda testified concerning another occasion when appellant touched her during the night. Appellant stopped when he got a phone call. Amanda tried to resist at first, but appellant touched her on the inside of her clothes. The events leading to appellant’s arrest occurred in 2013, when Amanda was thirteen years old.Īppellant sat down next to Amanda in a chair in the living room, took her shoulder, and pushed her down. I couldn’t just run away.” Amanda did not testify to further details concerning this incident, but Amanda’s outcry witness, a forensic interviewer with the Children’s Assessment Center, provided the following information from Amanda’s forensic interview.ġ To protect the complainant’s privacy, we identify her by a pseudonym, “Amanda.” 2 At the time of appellant’s trial, Amanda was seventeen years old. ecause there ha been times before this incident.” According to Amanda, “t all happened so fast. Amanda stated that she “kind of knew where it was going. Amanda sat on a chair in the living room, and appellant sat down with her. Appellant picked Amanda up from school and brought her home while Amanda’s mother was at work and her half-sister was not home. Amanda’s description of the first incident occurred in response to questioning by the State regarding an occasion during which appellant’s hand “actually went into” Amanda’s vagina. She testified concerning two particular events. She stated that appellant touched her inappropriately about twice a month on her breasts and vagina. Amanda testified live at appellant’s jury trial. Ultimately, a grand jury indicted appellant for aggravated sexual assault of a child, specifically “intentionally or knowingly caus the penetration of the sexual organ of, a child who was then and there younger than 14 years of age, by ’s finger.” Appellant pleaded not guilty. Appellant touched Amanda inappropriately, including touching her breasts and her vagina, for about a year when Amanda was thirteen years old.2 After Amanda revealed to a friend that appellant had been improperly touching her, Texas City Police began investigating. Cochran, Jr.ĭescription: The complainant, Amanda,1 lived in Galveston County with her mother, halfbrother and half-sister, and with appellant, who was her step-father. The State of Texasĭefendant's Attorney: Winston E. Please E-mail suggested additions, comments and/or corrections to support the publication of case reports on MoreLawĬase Style: James Michael Miranda v.
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