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Jury convicts man of sexually assaulting girl with autism

A Butler County Common Pleas Court jury found a Prospect man guilty Wednesday of all charges he faced for sexually assaulting his girlfriend’s 13-year-old daughter, who has autism, in their Butler Township home last year.

The jury of seven women and five men deliberated for about three hours at the end of a two-day trial before finding Alan Free, 62, guilty of felony counts of statutory sexual assault and aggravated indecent assault, and misdemeanor charges of corruption of minors, endangering the welfare of children and indecent assault of a person under 16 years old.

Judge Timothy McCune tentatively scheduled sentencing for July 14, but said it will have to be rescheduled so a sex offender evaluation can be conducted. Free remains free on bond.

The alleged incident took place June 11, 2021, in a house where he lived with his girlfriend, four children they had together and two children she had from a previous relationship. The victim is one of the children she had from a previous relationship.

Free testified Wednesday, saying he did not sexually assault the girl.

He said after he went to bed and fell asleep around 8 p.m. on he felt someone kiss him on his head and believed it was his girlfriend.

Then he said he felt someone get into the bed and believed that person was his girlfriend. He said when he rolled over and put his arm around the person, he discovered it was his girlfriend’s daughter and he told her to leave.

He said he did not have sex with the girl and said two photos taken from a motion-activated camera in the room, which he said was a spare room, show him telling the girl to leave.

Assistant District Attorney Benjamin Simon argued that the photos show Free engaged in sex with the girl.

In his closing arguments, Simon said the photos along with and the results of a forensic examination of the girl that found DNA matching Free’s DNA prove that Free sexually assaulted the girl.

The alleged victim did not testify, but her testimony from Free’s preliminary hearing, held a couple of weeks after the alleged assault, was read into the trial record.

In that testimony, the girl said Free entered her bedroom and had sex with her.

Defense attorney Alexander Lindsay made a motion for the charges to be dismissed. He argued that the photos show Free being woken up and surprised by someone, and the prosecution offered no explanation about how the DNA, which did not originate from semen, ended up in the girl.

He also said the contradictions between the girl’s testimony and what she told medical staff during her exam are so great that the jury can’t rely on either one.

After McCune denied the motion, Lindsay said, in his closing argument, that what happened that night can’t be determined from the photos.

He pointed out that the girl’s mother deleted 10 photos taken by the camera, and that she called a friend and a couple before calling police the day after the incident.

Lindsay said Free knew his girlfriend had cameras throughout the house and asked the jury to wonder why he would assault the girl when he knew about the cameras.

Regarding the DNA, Lindsay said: “No one knows where it came from or how it got there.”

He also said the girl told hospital staff that Free was cheating on her mother with her for a year, but she testified at the hearing that he had sex with her only once.

The girl’s statement are contradictory and not reliable, he argued.

Earlier Wednesday, police Det. Max Wittlinger testified that the girl’s mother told him she deleted 10 photos that were sent from the camera to her cell phone. He said the girl’s mother told him the girl was not in any of the deleted photos.

Wittlinger said no forensic examination of the phone was conducted.

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