Jury hears deputy’s statement denying contact with woman

The jury in the trial of a sheriff’s deputy accused of sexual assault on Wednesday heard him swear in a statement that he never touched his accuser. Prosecutors played the recording to cast him as a liar based on evidence of a DNA match.

As a result of Jason Nebergall’s DNA found on the woman’s left breast, the Palm Beach County deputy’s lawyers this week have acknowledged the on-duty contact but blamed it on the woman’s sexual advances and “bizarre behavior.”

But the 39-year-old deputy’s statement from July 22, 2016 — a day after the alleged attack — was the final piece of evidence presented by prosecutors before they rested their case. There’s a felony charge of attempted sexual battery while in possession of a weapon, and two misdemeanor battery counts.

The 28-year-old woman earlier had concluded testimony that stretched over two days. She said she was “in fear of my life” during the encounter, and reluctant to report it and give her name to investigators. She also told the jury she never made sexual advances toward the deputy.

Circuit Judge Cheryl Caracuzzo asked the jurors to return at 9:15 a.m. Thursday for the presentation of the defense’s case. Nebergall has not yet indicated whether he will testify.

That left the focus, for now, on his voluntary comments to Detective William Vaughan on the recording. When initially confronted about the allegation, Neberball replied, “I have no idea what you’re talking about.”

Later in the conversation, recorded in a patrol car, Vaughan asked, “Did you touch her at all?” Nebergall answered, “No.”

“Did she touch you?” Vaughan asked. Again, Nebergall said, “No.”

After speaking voluntarily to the detective, Nebergall provided samples of his DNA and it led to his arrest five months later. Two analysts for the sheriff’s office testified Wednesday that a swab taken from the woman’s left breast showed a DNA link to the deputy.

Other swabs taken from her body, including one from her buttocks, was found to be of “low quality” that made a precise DNA match impossible. The woman testified that Nebergall touched all of her private parts, attempted a sex act, and made vulgar comments toward her.

Due to the nature of the charges, the South Florida Sun Sentinel is not identifying the woman.

The judge denied a defense request for a mistrial Wednesday over a remark made by the woman about the DNA.

Outside of the jury’s presence, the lawyers and the judge repeatedly listened to a recording of the woman’s comment: “You guys say DNA not on my butt, but it was on my butt.”

She made the statement during a contentious exchange with Michael Salnick, attorney for Nebergall. The woman wasn’t supposed to get into the DNA details, and co-defense counsel Jack Fuchs argued it was an intentional slip that makes it sound like “she knows something the jury’s not getting.”

Prosecutor Chrichet Mixon argued it was an innocent mistake that would not affect the trial’s outcome. She said the comment did not specifically mention Nebergall’s DNA, and the DNA experts later testified about some inconclusive results.

Judge Caracuzzo agreed the woman’s improper statement should not force a mistrial: “I don’t find it was so inflammatory that it might influence the jury to reach

Nebergall was one of three deputies who responded after 5 a.m. to the woman’s residence at the Casa Del Monte Mobile Home Park in the central part of the county. She had called for help over a physical fight and argument she had with her landlord.

Prosecutors say Nebergall used the authority of “his badge and gun” to take advantage of the woman after the other deputies had left. The woman testified said she didn’t try to fight back because he was touching the gun in his waistband during the attack.

But Salnick, the defense attorney, argues the woman made up the story of the assault because she was upset because Nebergall did not want to file a report concerning her landlord dispute, and he shunned her advances.

Salnick said she lifted her tank top and asked Nebergall to pat her down, pulling his arm and stepping close to him.

“He touched her breasts but not on purpose,” Salnick told the jury, adding, “he did not touch her sexually.”

amore severe verdict.”