By Amber Hunter SYRACUSE, N.Y. (NCC News) — A mother sat in the back of the courtroom Thursday afternoon with her head down as she nodded it side-to-side and whispered, “take the wheel Jesus.”
Her son, Justin Hymes, 39, of Syracuse, was on trial for sexual assault.
The prosecution argued Hymes sexually assaulted a 12-year-old girl when she was just 6 years old in spring of 2009. The defense argued Hymes is not guilty of this crime because the victim’s story is inconsistent and the victim denied the incident in the past.
Defense Attorney Eric Jeshcke said the victim and the defendant knew each other.
“This man admitted he attempted getting on top of her and lifting up her dress,” Assistant District Attorney Maureen Berry said in her opening statement, when talking about Hymes interview with Syracuse Detective Clark Farry in March.
But Jeschke said in an interview before opening statements began, “I want you to understand the role of Farry in trying to get my client to submit. Hymes is 39 years old and has never been in criminal trouble in his life.”
Hymes was brought in front of a jury of three men and 11 women Tuesday for opening statements. He’s charged with charged with two accounts of sexual assault against a child and endangering the welfare of a child. The Jury will have to determine whether or not Hymes is guilty of sexual assault beyond reasonable doubt based off of the evidence presented in court. The trial began on Monday and will resume tomorrow, Wednesday, at 10 a.m.
The victim will testify in court by Thursday afternoon, Berry said. The assistant district attorney will also have victim’s aunt, Detective Farry and an expert on child abuse testify in court, according to Berry.
‘We can expect Hymes to testify,” Jeshcke said.