Jury deliberation continues in Carbondale child sex assault trial
June 26, 2018
The jury in the child sex assault trial of John Wayne Diamond went home Tuesday night after a day of deliberation at the Garfield County Courthouse in Glenwood Springs without reaching a verdict.
Deliberation among the seven women and five men on the jury is to continue this morning.
Diamond, 45, of Carbondale, stands accused of three counts of sexual assault on a child less than 15 years of age and four counts of sexual assault on a child less than 15 years of age as a pattern of abuse, class 3 felonies. He remains free on $503,000 bond.
Closing arguments from the prosecution and defense teams concluded shortly before 6 p.m. on Monday, and the case was handed over to the jury at 8:45 a.m. Tuesday.
The 16-year-old female victim in the case, who was the defendant's stepdaughter at the time of alleged offenses between 2011 and 2015, testified in Garfield County District Court last Thursday and Friday.
During her testimony, she said that her former stepfather had sexually abused her on multiple occasions beginning in her childhood. Investigators say the alleged abuse occurred from the time the girl was approximately 9 to 13 years old at multiple locations, including at a Missouri Heights home, Diamond's roofing company office in Willits Town Center, a house near Carbondale and a residence in Basalt.
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According to records in the case, Diamond would allegedly entice the victim with money, flowers, food, jewelry, Ebay items, games and other items, the victim told police.
Diamond had also allegedly threatened to kill the girl, her family, responding officers and himself if she told anyone about the abuse, according to court documents and testimony in the case during the seven-day trial
Defense attorneys in the case have keyed on an initial denial by the victim when first questioned about the alleged abuse in a 2011 forensic interview.
In court last Friday, the victim told District Attorney Jeff Cheney that she denied the alleged abuse because she wanted to protect Diamond from trouble, and told authorities that he only touched her on the leg.
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