FRESNO, CA (KMJ) – Testimony begins in the trial of Dr. Joaquin Arambula facing a misdemeanor child abuse for an incident in December with his daughter.
At Fresno County Superior Court, Assemblyman Joachin Arambula’s 7-year-old daughter was first on the stand Friday, confidently answering questions, holding a stuffed animal, grandfather Juan Arambula, her comfort person, by her side.
Prosecutor Steve Wright, the Assistant District Attorney, asks her to describe the alleged incident.
She said she threw a toy at her younger sister, who cried. Her father, hearing the cries, rushed into her bedroom, angry, and grasped — not slapped her face, as she struggled, he pinned her down on the bed.
She tell the jury that first she used the word “slapped” because she didn’t know the meaning of the word “grasped.”
“I was struggling to get up again because he was thinking I was going to do something else to hurt my sister again or I was going to try to hurt him.” (How would you hurt him?, asks Wright) “I sit there and stare at him or punch him or kick him in the legs,” said Arambula’s 7-year-old daughter, (remaining nameless to protect her identity).
She said her father’s ring hit her head, giving her a bruise.
In her testimony, she said her dad gets mad at her about twice a month, picks her up and squeezes her. She told Asst. DA Wright it hurt her stomach.
Prosecution asks questions about who the 2nd grader told, and if she was coached.
Assit. DA Wright asks her; “Has anyone told you what to say?
She said she wasn’t coached but that her grandmother told her to focus on “the bright side of things.”
“Are you scared of dad? ” continues Wright, to which she replies “Afraid of him getting trouble.”
The defense contends the mark on her forehead was an accidental brush by Arambula’s ring,
The defense maintains CPS closed the case as “inconclusive.”
Attorney Margarita Martinez Baly starts by asking her to tell jokes, then moves into a line of questioning about her love of books and stories, which illustrates their defense that she’s a storyteller and exaggerates.
The child tells the jury that her younger sister gets more attention and it makes her very mad.
Joachin Arambula was earlier admonished by the judge about his facial expressions told not to discourage or encourage his daughter her. He hugged family and wiped away tears during a break for lunch.
When 4:00 arrived, the defense, was asked by the judge to continue testimony the next week, as it had been a long day for the 2nd grader.
On the schedule to testify is the Arambula Family’s babysitter, Arambula’s wife, Elizabeth and brother, Diego, whose children play with the Arambula daughters, and a forensic psychologist, Dr. Susan Napolitano, will testify about the interview techniques, and discipline.
Trial reconvenes Monday May 6, 2019 at 2pm.
Click to listen to the report by KMJ’s Liz Kern:
