Jury acquits man in abuse case
Published 5:00 pm Monday, June 17, 2013
CANYON CITY A three-day trial ended last week with the acquittal of a Grant County man who had been accused of sexual abuse.
After deliberating nearly three hours, the jury returned a verdict of not guilty on all counts for Nicholas Martin Delgado.
Defense attorney Markku Sario said after the trial he was pleased with the verdict and he lauded the jury for its attentiveness.
They gave it due consideration, and I think they understood the presumption of innocence, he said.
Delgado was indicted last January on six counts of first-degree sexual abuse. Trial testimony indicated the child was a family member and under the age of 14 during the time cited in the indictment, from 2004 to 2005.
In his closing statement, Sario told the jury the state had failed to prove its case. He focused on the changes in the girls accounts over time, and said neither she nor the prosecutor was clear on the details or timing.
The dates are in disarray, he said of the states case.
He posed various other reasons for the accusations of abuse, including anger, retribution and fear of discipline and restrictions in the home.
Theres reasonable doubt here you can drive a truck through, he concluded.
The state called about 16 witnesses including friends, police and a counselor. Assistant District Attorney Jeremy Dietrich said the girl disclosed only to people she felt would keep her secret.
However, Dietrich said the system failed her when a school officials referral went to a state childrens services caseworker who didnt pursue an investigation or report to police back in 2009.