Sex assault case goes to jury

A jury of seven women and five men is to resume deliberations Tuesday in the case of a 42-year-old Gardnerville man accused of sexually assaulting his former girlfriend's 13-year-old son.

Jurors deliberated five hours Monday without reaching a decision.

Ronald John Smith pleaded not guilty to four counts of sexual assault against a child under 14. If convicted, he could face life in prison.

The boy, who was 12 when the assaults allegedly occurred, testified that Smith forced him to have sex 19 times from April 15, 2006, until Sept. 3, 2006. That was the day the victim's mother testified she found Smith hiding naked in her son's closet in their Topaz Ranch Estates residence.

The jury was selected April 16 and testimony began Wednesday.

In closing arguments, prosecutor Tom Gregory told the jury they could convict based on the boy's testimony alone, but said that other witnesses corroborated the victim's story.

Defense lawyer Laura Grant pointed out inconsistencies in the boy's story and argued that evidence could have been tampered with or planted because the sheriff's office failed to protect the alleged crime scene.

"Does it make sense to you that this child was capable of an Academy Award performance all last summer making everyone have absolutely no concerns about his behavior?" Grant asked. "On Sept. 4, things began to change. Why? I'm not going to begin to tell you why.

"The defendant believes and I believe the evidence has failed beyond a reasonable doubt to prove my client has done anything of a sexual nature to this boy," Grant said.

Gregory argued that the defense was unable to offer motivation for the boy to bring false charges against Smith.

"What drives a stake in the heart of their defense is a lack of motivation," Gregory said. "He (the victim) didn't win a trip to Disneyland by bringing all this forward. He was interviewed for hours and examined. He was prodded and probed. Most importantly, he lost his father figure."

What Grant argued was Investigator Aaron Crawford's repeated visits to the residence until he found evidence which backed the boy's story, Gregory called diligence on the part of the officer.

"He went back time and time again to collect evidence," Gregory said. "The idea he somehow planted evidence defies logic."

He agreed the boy mixed up some details of his allegations, such as dates and times.

"He never said the sexual assault didn't happen," Gregory said.

Smith has been in Douglas County Jail since his arrest last September.