Serving Gogebic, Iron and Ontonagon Counties
Serving Gogebic, Iron and Ontonagon Counties
DEFENSE ATTORNEY James McKenzie makes his case to jurors during opening arguments in Gogebic County Circuit Court Tuesday. McKenzie is representing James Hackler, who is facing two counts of criminal sexual conduct with a person under the age of 13.
By RICHARD JENKINS
Bessemer - After nearly a whole day of jury selection, the first day of the trial of a Tennessee man accused of criminal sexual conduct wrapped up with opening arguments from both sides in Gogebic County Circuit Court Tuesday.
James Victor Hackler, 39, of Harriman, Tenn., is facing one count of first-degree criminal sexual conduct involving a person under the age of 13 and one count of second-degree criminal sexual conduct involving a person under the age of 13.
The first-degree felony carries a maximum potential sentence of life in prison and the second-degree charge carries a potential 15-year maximum sentence.
Gogebic County Prosecutor Nick Jacobs began his argument by telling the jurors that despite society's increasing desire for information, the nature of this case precluded the presentation of concrete evidence - such as pictures or a video tape.
"It should come as no surprise to you the prosecution isn't going to be able to produce a ... surveillance tape (or similar evidence) because it's the nature of this case. It's in the nature of the allegation," Jacobs said. "It's because this type of crime is usually done in the closet of darkness, involving only two people - you can characterize it as the actor and the victim."
Even though there isn't definitive evidence, Jacobs said he believes the testimony will be enough to convince jurors of Hackler's guilt.
"It's important for you to listen to the story and ask yourself if it makes sense; and more importantly, ask yourself, 'Is it likely,'" Jacobs said. "I think when you hear (the testimony), you're going to say to yourselves, 'She just can't be making this up.'"
Jacobs then gave a brief overview of the crime, which he said involved a 15-year old girl who was 6 at the time the alleged assault took place in 2008. Jacobs described the acts he is alleging Hackler - who was in a relationship with the girl's mother - committed.
He also detailed how the victim came forward and the difficulty she may have telling her story in court.
Following Jacobs, defense attorney James McKenzie began by introducing Hackler as "a truly innocent man."
Explaining to jurors the law presumes Hackler to be innocent, McKenzie said while the nature of the crime largely prevents corroborating testimony, there are several points in the prosecution's case that are verifiable. He argued this is where the case against his client falls apart.
"How about verification? How about checking it? How about trying to find out whether the things that are said are accurate and can somehow be verified," McKenzie asked. "That wasn't done here. In fact, most of what can be verified in this particular case, turns out that what (the victim) says is not accurate."
McKenzie went into more detail regarding the victim's expected testimony, detailing for jurors various inconsistencies between the times the victim has told the story.
He also acknowledged the relationship between Hackler and the victim's mother wasn't healthy.
"Now, this relationship between (the victim's mother) and Jim Hackler wasn't just rocky - it was violent. It was nasty. It was not a good relationship," McKenzie said.
He also proposed a reason for the victim to come forward with her statement - to protect her mother and younger sisters from Hackler and the domestic violence she witnessed.
"We think the evidence is going to show you that all throughout this, (the victim) sees herself as the protector of her two younger sisters," McKenzie said, referring to the two children Hackler had with the victim's mother. "Jim Hackler was arrested at least two times for domestic violence, for fighting with her mother. (The victim) saw these things, (she) knows how violent this relationship is and she's trying to protect her sisters from Jim Hackler. She doesn't like him, she's afraid of him - and she probably has reason to be. But not because he's a sex molester, because he's a violent person. Because he drinks."
McKenzie said he wasn't denying the "toxic" nature of Hackler's relationship with the victim's mother, going as far as to say the facts around the relationship explain why his client is facing the charges he is.
The prosecution's case continues Wednesday with witness testimony.
