NOT GUILTY – Sex Assault
BEAVER — It took a Beaver County jury less than two hours Friday to find a man not guilty on charges he sexually assaulted a 3-year-old New Brighton girl six years ago.
Thomas H. Javens II, 33, whose last known address was 1621 Sampson St., Conway, was accused of inappropriately touching the girl, now 9, in her home. He was charged with aggravated indecent assault and indecent assault by New Brighton Area police in May 2012 after a forensic interviewer concluded the girl was making what they call a “positive disclosure” of sexual abuse, according to the police report.
After the interviewer’s ruling, police set up a telephone call using the mother to obtain a confession from Javens. His defense attorney, Steven Townshend, however, argued during this week’s trial that the apology Javens gave on the recording was for a recent argument involving the child, not past sexual contact.
Townshend argued it was an older child in the home who touched the girl, not Javens, and her mother was taking advantage of the situation to harm Javens, who she was fighting with over a custody issue involving another child.
Assistant District Attorney Frank Martocci argued the girl has always been consistent in her story about what happened and that Javens inappropriately touched her.
He also argued that the apology telephone call clearly was about the 2007 incident, not the more recent argument.
After the verdict was read, though, Martocci said, “I respect the jury’s decision.”