Defendant testifies in Havre sex crime case

Day 3 of the jury trial in which Havre resident Joseph E. “Jed” Damson is accused of molesting a 15-year-old girl with a developmental disability ended after the defense called its last witness, Damson.

Damson is accused sexual assault. A previous charge of sexual intercourse without consent was dropped Monday.

The girl testified Tuesday and said that in July 2014, Damson had gone under her clothes and touched her breasts and her private parts. She said Damson “humped” her and gave her “tummy rubs,” which felt “gross.” She said these things happened at their “secret spot” in the Atrium Mall and in the back room of then-Damson’s candy store, Sweet Temptations.

Damson was asked by his attorney, Jeremy Yellin, to go back to the day that prompted the investigation, July 31, 2014.

Damson said the girl, whom he had a “grandpa-granddaughter” relationship with, joined him after he walked out of his candy store to take a break. He said she took his hand and the two walked to the Golden Belle, a hair salon which is also in the mall.

Damson said when the two left the salon, they went down one of the stairwells, which he would agree with co-prosecutor Joel Thompson minutes later was one of the “less-traveled” stairwells.

Tuesday,  the girl testified that Damson called that staircase their “secret spot” and that he touched her there. Damson said Wednesday that nothing sexual happened near that staircase, or anywhere else for that matter.

Damson said the girl turned to give him a hug, and when the girl was reluctant to release him he gave her a soft nudge and told her, having raised his voice, that he had to get back to work.

“I was concerned that I might have gotten too loud,” Damson said.

The girl’s ability to be startled and upset by loud noises had been confirmed by witnesses throughout the trial, among them expert witness Cristina Thomas, who is the girl’s case manager.

Thomas, one of eight witnesses for the prosecution, was the first witness Wednesday. Aside from Damson, the defense had four character witnesses, each lasting no more than a couple of minutes and each testifying to Damson’s truthful character.

Damson said he was concerned that he had upset the girl and went to the Grateful Bread, a restaurant in the Atrium Mall, later that day to talk to her mother who worked there.

Yellin asked Damson, sometimes repeating the same question, if he ever said the word “arousal,” or “boyfriend” or “girlfriend” around the girl. He asked Damson if he ever “gyrated,” “humped” or touched the girl in any sexual manner whatsoever.

“No way,” Damson answered multiple times, sometimes adding “absolutely not.”

When Thompson cross-examined Damson, one of his questions was, “Did you ever kiss (the girl) on her lips?”

Damson said he had.

“In front of her parents?” Thompson asked.

Damson said he didn’t remember.

Thompson asked Damson about the stairwell and the backroom where the alleged sexual assaults happened. Damson said there was no way to be “totally out of view” anywhere in the candy store and the stairwell was not dark because he wouldn’t be able to see while walking down it if it were.

Damson said he sensed the girl was upset after he nudged her away because she walked faster than usual. Thompson asked Damson if he’d ever told the girl before that day that he had to work and couldn’t spend anymore time together. Damson said it happened before and, no, he didn’t remember her getting upset before.

The girl’s mother testified that Damson said he and the girl needed time apart after she became upset that day, July 31, 2014, but Damson told Thompson Wednesday he didn’t recall saying that. He said he didn’t tell the girl’s mother that he rubbed her back, either.

Would putting a hand down a young woman’s pants be sexual assault? Thompson asked.

“I guess,” Damson said.

Would touching her breast be sexual assault? Thompson asked.

“Yes,” he answered.

Damson said talking to the girl was the same as talking to other children. Thompson asked Damson how he, who has several grandchildren himself, could think that talking to someone with the alleged victim’s developmental disability — witnesses testified she has mental abilities of a child much younger than her age —  was the same as talking to other kids her age.

Damson said the girl has a physical handicap when she walks, but when it came to talking, it was like talking to other kids.

During Yellin’s redirect, Damson said that the conversations between him and the girl were simple — her trip to Disneyland, school, things like that.

The prosecution and the defense have presented all their witnesses. State District Judge Daniel Boucher said each side will have an hour for their closing arguments this morning.