Dad wants sex charges dismissed
Alicia Stewart began to display extraordinary artistic talent at a young age, with her haunting images of young women shown in galleries when she was 12 or 13, but her life was cut short two months ago when she died at a young age from an epileptic seizure.
Now, her father, Geoffrey Stewart, 61, is asking for the dismissal of several criminal charges alleging sex crimes committed against Alicia, starting when she was just 3 years old.
His lawyer, Ray Twohig argues that since Alicia — his accuser — has died, Stewart now won’t be afforded his constitutional right to confront her.
Twohig maintains that his client is innocent, in any case. A motion hearing is scheduled for Monday in Santa Fe District Court.
Alicia, a graduate of the New Mexico School for the Arts in Santa Fe, died at age 18 from an epileptic seizure in her college dorm room in Baltimore on Oct. 2.
In February 2016, Stewart had been indicted on five counts of criminal sexual penetration, one count of sexual criminal contact of a minor and one count of bribery of a witness for allegedly raping Alicia several times since her early childhood.
Though Stewart was charged last year, State Police undertook additional investigation after Alicia’s friends scoured her room in Santa Fe for keepsakes following her death and found her journals. One contained an unsigned handwritten confession from someone about assaulting Alicia.
That development prompted officers to execute a search warrant on Stewart’s home and seize some of his own journals, in which he wrote that he was innocent. Stewart is the owner of the Crystal Dragon jewelry shop in Madrid and an artist
himself.
Impressive talent
Alicia began getting noticed for her paintings when she was just a kid.
Cassidy Watt, owner of the Metallo Gallery in Madrid, said Alicia came to him with some paintings when she was 12 or 13 and asked that they be entered in one of his shows. They sold out on the exhibition’s opening night, Watt said, so he asked her to bring him more. Those sold out, as well.
“I mean, the talent almost speaks for itself,” Watt said. “I’ve always been so impressed.
“I didn’t put her paintings in the show because I knew her. I put them in because they were good enough to be in the show.”
Watt said he was heartbroken when he heard of her death. “I was devastated,” he said. “I watched her grow up. It was hard.”
In addition to painting, Alicia’s personal website says she also liked to make films, “which she uses to accompany her paintings and narrate the story of the girls, often disturbed, she carefully depicts.”
Investigation begins
State Police began investigating Geoffrey Stewart in February 2015 after Alicia went to a school counselor at the School for the Arts and reported the alleged rapes.
The counselor told Officer Frank Concha that Alicia, 16 at the time, told her that the sexual assaults occurred between the ages of 3 and 7. Concha wrote in his report that Alicia had said she was worried that her younger brother would be sexually assaulted, as well.
The counselor said Alicia was seeking long-term counseling from the school because she was struggling with her classes and was traumatized by the past events. She also said her entire family was living together at the time.
A state Children, Youth and Families Department employee, Gary Ritter, met with Alicia that same day for an interview, where she repeated the allegations against her father.
Ritter told Concha that Alicia hadn’t grasped the definition of sexual assault until she was in 8th grade. Concha’s report says Alicia at one point sent a text message to her mother, Tamara Stewart, about the rapes. It’s unclear from the report when that took place.
Ritter interviewed Alicia’s younger brother later that day and the boy said Geoffrey Stewart never touched him inappropriately.
Concha interviewed Geoffrey Stewart on Feb. 26, 2015. Stewart said he was unaware of Alicia’s accusations. He described their relationship in recent times as “distant.”
The officer then interviewed Tamara Stewart on April 8, 2015. “I asked Ms. (Tamara) Stewart if she was aware of the allegations against Mr. Stewart; she replied yes,” Concha’s report states.
Tamara Stewart said she sat down with Alicia and talked about the situation, but that Alicia didn’t feel comfortable discussing it with her, according to the officer’s report.
Tamara Stewart said several times during the interview that her husband never told her about Alicia’s allegations against him. She also said her husband had moved out of the house and was living in his business.
Two days later, Tamara Stewart called Concha and said her husband had in fact admitted to Alicia’s allegations. “She further stated that she did (not) disclose this information (in the previous interview) in fear that Mr. Stewart would fatally harm himself in fear of going to jail,” Concha wrote.
Stewart was indicted the following February. He was never arrested and is currently™ out on a $10,000 appearance bond, court records indicate. He was also not supposed to have any contact with his daughter.
Probe reopens
Prosecutor Kevin Nault, of the Santa Fe District Attorney’s Office, told the State Police on Nov. 2 that Alicia had passed away in Baltimore a month before.
Nault also informed officers that “information had been passed along indicating there was a letter from the father Geoffrey Stewart confessing he had sexually molested his daughter.” State Police Agent Andrew Jorgenson then reopened the criminal investigation.
On Oct. 4, two of Alicia’s friends were allowed by Tamara Stewart to go through Alicia’s bedroom in Santa Fe and collect keepsakes of her. The girls gathered her journal, sketches and various papers, Jorgenson wrote in a report.
One of the friends found a handwritten letter that the friend said Alicia had described as written by Stewart.
The unsigned letter contained phrases like “can’t explain how sorry I am in words” and “I want to apologize for being way too insistent on being sexual with me,” Jorgenson wrote.
The mother of one of the girls was interviewed Nov. 3. The mother said Alicia told her in 2012 or 2013 that Stewart had sex with her multiple times when she was young. Alicia said the acts would take place in the family house, Stewart’s shop and at Cochiti Lake.
Jorgenson looked through Alicia’s journal, which had entries on how she had to prepare for trial and “entries about how her mother did not believe her that Geoffrey raped her when she was younger.”
Officers later searched Stewart’s house in Cerrillos, and seized his journals and notepads. His journals said he was innocent and had never sexually abused Alicia, Jorgenson wrote.
Tamara Stewart was interviewed again Nov. 15 and said that in February 2015, Alicia told her that when she was 3 Stewart inappropriately touched her several times.
“Alicia did not go into detail to what Geoffrey did to her, but said it was more than just touching,” Jorgenson wrote. “Tamara confronted Geoffrey about him touching Alicia and Geoffrey admitted to touching Alicia, but denied any type of penetration. … Once Alicia passed away, she (Tamara) was contacted by Geoffrey’s lawyer asking the case against Geoffrey to be dropped. Tamara refused and informed me she is willing to testify against Geoffrey in court.”
Motion to dismiss
Twohig, Stewart’s lawyer, filed an emergency motion to dismiss the charges on Oct. 24.
“While her (Alicia’s) prior statements may be admissible under hearsay exceptions if the objection were hearsay alone, the right to confrontation prevents their admissibility irrespective of those hearsay exceptions,” the motion states. “… Without the inadmissible statements of the deceased, there is insufficient evidence to proceed to a jury verdict in this case, and dismissal prior to trial is appropriate.”
Stewart didn’t want to comment to Journal North, but Twohig said Stewart will continue to fight the charges.
“He’s innocent and if he’s forced to try the case, he will,” Twohig said. “The tragic death of his daughter should mean the case should be dismissed.”
Tamara Stewart, who filed for divorce the same day her husband was indicted, did not return messages from the Journal seeking comment.
Watt said he took down all of Alicia’s pieces at his Madrid gallery after he heard of her death so her mother could decide if they were still for sale or not.
Art collectors from all over the county have purchased Alicia’s work, he said, and people who would frequent his gallery were looking forward to what Alicia could do in the future with all her talent.
“Everyone was so excited about what was coming next,” Watt said. “We were all excited to be along for the ride.”