Marin jury convicts San Rafael man in molestation case
A San Rafael man accused of molesting a child over a period of three years has been convicted of nine felony sex crimes.
Javier Jesus Naalmay, 44, faces 45 years to life in state prison, said the trial prosecutor, Deputy District Attorney Aicha Mievis. The sentencing is scheduled for June 2.
The crimes occurred from 2007 to 2010, starting when the victim was preschool age, authorities said. The victim eventually reported the allegations to family members, who contacted police, said San Rafael police Lt. Dan Fink. The victim and the family knew Naalmay.
The Marin County District Attorney's Office filed an initial set of charges in 2018, then added more in 2019. The progress toward a trial was delayed by the coronavirus pandemic, which caused a general slowdown in the courts. Naalmay remained free on bail pending the resolution of the case.
Naalmay went to trial in August, but a mistrial was declared on procedural grounds before the case reached the jury.
A second trial ended Monday with convictions on all charges. The evidence included a recorded phone call that the prosecution described as a confession by Naalmay.
John Campion, one of Naalmay's defense attorneys, said Naalmay maintained his innocence. Campion said the defense challenged the case on two grounds: false memory on the part of the victim, and a false confession in which investigators coached the victim to elicit an incriminating statement from Naalmay.
“Mr. Naalmay has never been accused of a crime like this, he's never been suspected of a crime like this,” Campion said. “He's a good family man.”
Naalmay was booked into the county jail after the jury verdict.