information on July 29, 2003. He was tried in the Superior Court before a jury in June 2004.[1]
The complainant, Robert,[2] nine years old at the time of trial, was a friend of defendant's son, Zachary. According to Robert, one day in August 2002, he was listening to music on the computer with Zachary and another boy in Zachary's room when defendant walked in, placed Robert on his shoulders, carried him downstairs to defendant's bedroom, placed him on the bed, and closed the door. Robert testified that defendant then kneeled next to him so that he was over Robert's body and told him to hold his breath for five minutes. The defendant then touched Robert's penis over his clothes. Robert also said defendant "sniffed" his penis. After this happened,Robert got up, ran out of the bedroom, went out to his bicycle, and rode home. Robert said that the touching made him feel "nervous."
When asked at trial how many times this happened to him in the same way, Robert answered "[t]hree," although he indicated in a statement to police that it happened "lots of times." Robert also testified that on other occasions when he was visiting defendant's home defendant would take pictures of him, Zachary, and another boy, either together or individually, but Robert did not indicate that he was ever photographed while unclothed or in a compromising position. Robert told his father about the incident in defendant's bedroom when his father asked him one day whether defendant had ever touched him. His father then called the