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Opening statements made in sex assault trial for Hesperus man

Jurors to hear victim testimony, audio recording of confession
Marx

The case against a Hesperus man accused of sexually assaulting a child over a period of time in 2013 will be an easy decision for jurors, Assistant District Attorney Christian Champagne said in opening statements Tuesday.

The victim gave a consistent and detailed account of the events; the defendant confessed in writing and recorded interviews, and their stories match, even though the defendant is now denying anything inappropriate occurred, he said.

Defense attorney Jake Taufer, though, said just the opposite. He told jurors the girl has given inconsistent statements; the defendant was coerced into making certain statements; the investigation was flawed, and there is a lack of evidence, including DNA, eyewitnesses and surveillance video.

“We’re here because an innocent man is on trial,” said Taufer.

Edmund Marx, 63, is suspected of multiple felonies, including sexual assault on a child as a pattern of abuse and tampering with a witness. He faces an estimated 10 to 32 years in prison if found guilty of the various charges.

The trial is the second for Marx after the first one in late October ended in a mistrial because of an error in court proceedings.

He sat motionless but attentive during Tuesday’s opening statements.

Champagne said the victim will testify, and jurors will hear several recorded interviews in which Marx admits to having an inappropriate relationship with the girl.

After he confessed, Marx sent a text message to the girl asking her to drop the case, saying it was going to put him through hell, Champagne said. Jurors were shown the exact words of that text message during opening statements.

Champagne also played a snippet of an interview in which Marx expresses a desire to apologize to the victim.

In addition to a “sloppy investigation,” Taufer said the victim is dishonest, and one of her teachers will testify to that character trait.

“This is somebody who is simply not credible,” Taufer said.

District Judge William Herringer is overseeing the trial. The jury consists of eight women and six men.

shane@durangoherald.com

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