The sexual assault of a child or children trial is still underway in Brown County’s 35th district court. 43-year-old Cass Brown, and his 38-year-old wife Kylie Brown are on trial, accused of the sexual assault of an 11-year-old girl and her younger brother.
The state rested it’s case just before 4pm Thursday, as a Sexual Assault Nurse Examiner testified to her findings after examining the 11 year old girl. She told the 7 woman, 6 man jury that her findings were consistent with what the child had told investigators in the case.
Both Browns are being tried simultaneously, with separate lawyers. Cass Brown is defended by attorney Landon Thompson, while his wife Kylie Brown is represented by Patrick Howard.
The defense opened with an expert witness, Dr. Matthew Cox, a pediatric doctor and director of the University of Texas Medical Center Sexual Assault Nurse Practitioner program in Dallas. Cox specializes in sexual assault and trauma at the UT medical center.
Dr. Cox told the jury that he did not personally examine the child, and that his findings in the case were based on reports of other professionals. He told the court that his findings of the exam were “indeterminate”, and may be consistent with what the child had reported, but the physical trauma were not necessarily indicative of what the girl claimed.
On cross examination, District Attorney Michael Murray spent quite a bit of time confirming that Dr. Cox had been hired by the defense at $350 an hour, plus $100 an hour travel time. Murray hammered the doctor with study after study on similar cases where the examining physicians had determined that sexual activity had resulted in the trauma suffered by the female child in this case.
On cross examination by the defense, Dr. Cox said his findings were “indeterminate”, based on the information he was given, and he could not confirm that any alleged sexual activity had caused the child’s physical trauma. At 4:55 Thursday afternoon, Judge Ellis halted the trial until Monday, since Friday is “Good Friday” and a county holiday.
The defense will continue presenting it’s case Monday morning at 9am. Judge Stephen Ellis told the jury that it could be Tuesday before the testimony wrapped up. That trial continues on Monday in Brown County’s 35th District Court.
In another development, the presiding judge in the case ruled late on Wednesday that the defendant’s bond was deficient, and ordered them held in Brown County Jail. Their bond is set at $100,000 each.
