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Sunday, November 1, 2009

Not guilty verdict in Wood sexual assault trial

Originally charged with sexually assaulting his stepdaughter and his now 4-year-old step-granddaughter


ENLARGE
GLENWOOD SPRINGS, Colorado — Moments after Michael William Wood finished testifying in his defense, at his sexual assault trial, which wrapped up Friday night, he quietly asked a sheriff's deputy in the courtroom how he appeared on the stand.

“Did I look nervous?” Wood asked. “I didn't want to seem like a babbling fool.”

Wood, 48, spent more than an hour on the stand in his second sexual assault trial. His first trial ended in a 10-2 hung jury in favor of conviction, in July. However, late Friday night, after close to four hours of deliberation, a jury found Wood not guilty of sexually assaulting his stepdaughter and his now 4-year-old step-granddaughter.

According to defense attorney Ted Hess, Wood cried as 9th Judicial District Attorney Judge Gail Nichols read the not guilty verdicts on two charges of sexual assault on a child by a person in a position of trust for a victim under 15-years of age, and one count of the same charge for a victim 15-18 years of age.

“That is the worst part of a trial,” Hess said Saturday morning. “Waiting to see what is going to happen. But, I had a good feeling.”

According to Hess, the jury returned with not guilty verdicts regarding two of the counts at about 10 p.m. Friday. However, they could not reach a unanimous decision on the third charge.

Hess said that Nichols gave the jury a modified Allen Instruction which encourages the jury to re-examine their opinions and attempt to reach a unanimous verdict, if possible.

The jury returned about an hour later with its third not guilty verdict, Hess said.

Wood's stepdaughter alleged that Wood sexually assaulted her more than a decade ago, after he and her mother were married and the family moved into Wood's Rulison home.

The stepdaughter testified that Wood had touched her inappropriately when she was about 12 years old at a house in Rulison where the family lived, during a family movie night.

She also alleged that more than three years later, after Wood moved the family to Rifle, that Wood again molested her in her bedroom.

The allegations surfaced after the stepdaughter claimed that her then 3-year-old daughter told her that Wood had touched her inappropriately on Sept. 13, 2008.

The next day the stepdaughter had a friend video record an interview with her daughter asking questions about the alleged event.

However, it wasn't until later that year, in December, when Wood's wife told police about the allegations. Wood was arrested on Dec. 31, 2008.

The stepdaughter also alleged that Wood threatened to kill her and pointed a loaded handgun at her at his Buckshot Barber Shop in Rifle. That incident, she claimed, was the reason that she never went to the police before.

“I was afraid of him,” she told the jury.

Wood has been incarcerated for 10 months at the Garfield County Jail on a $300,000 bond.

Since his arrest, Wood has lost his business, his home, and his wife filed for divorce.

On the stand, Wood appeared very well prepared, educated, well-spoken, and well versed, even quoting scripture at one point.

The defense contended that the allegations were an “unfolding scheme,” between Wood's stepchildren and their mother, Wood's wife at the time, who wanted Wood “out of their life.”

“Despite their feelings for me, I tried to be an actual father figure to them,” Wood said. “That's what's expected. I didn't just take a wife, she had two kids.”

When Hess asked Wood if he denied ever having touched his stepdaughter or her daughter in an inappropriate manner, Wood testified, “Yes that is correct, I am denying that.”

Hess again asked, more directly, if Wood had ever touched them inappropriately, and Wood's replied, “Absolutely not.”

Several character witnesses for Wood testified that he was a good person, and that his stepdaughter and her mother were “untrustworthy”.

The stepdaughter also testified and was called in as a rebuttal witness, again Friday. The defense contended that she coached her daughter to say that she was molested by Wood.

Prosecutor Anne Kirkpatrick asked her if, during the video recorded interview of her daughter, she was trying to tell the little girl what to say.

“I don't believe I was,” she responded.

Wood was released from jail late Friday night after the trial.



jgardner@postindependent.com


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