Jury acquits man of assault charges
A Hatfield man who had been accused of having indecent contact with an underage girl was acquitted of all charges.
“I think that he’s obviously very, very grateful for the verdict.” - Defense lawyer John I. McMahon Jr.
NORRISTOWN >> A Hatfield Township man who had been accused of having indecent contact with an underage girl was acquitted of all charges by a jury.
After a three-day trial in Montgomery County Court, Estreberto Hernandez, 42, of the 500 block of South Main Street, was acquitted of charges of aggravated indecent assault, unlawful contact with a minor, indecent assault, endangering the welfare of a child and corruption of a minor that were lodged against him by Hatfield police in October 2018.
“I think that he’s obviously very, very grateful for the verdict. But at the same time, the man still has a lot of sadness over the fact the allegations were made in the first place and I think he’s still confused as to why,” defense lawyer John I. McMahon Jr. said on Hernandez’s behalf. “We’re gratified by the justice of the result. “This has been a huge weight hanging over him. This man went to trial, facing a potential 10-year mandatory sentence, and he had rejected a plea offer in order to be exonerated,” McMahon added.
Hernandez testified during the trial before Judge Risa Vetri Ferman and adamantly denied the allegations. The accuser claimed Hernandez had indecent contact with her while she was in his company at a location in Hatfield.
“He’s always said that nothing happened. He’s always denied the accusations of the accuser and at the same time he has been confused and hurt that the allegations were made in the first place,” said McMahon, who described Hernandez as tearful after the verdict was announced.
The jury deliberated one hour before reaching the verdict.
During the trial, McMahon maintained the accuser, who was under the age of 13, made inconsistent statements when questioned by detectives and during her trial testimony and that she was unreliable.
At trial, McMahon also presented a DNA expert who refuted a state police DNA report and the prosecution’s theory that forensic evidence found in the accuser’s clothing linked Hernandez to an alleged assault.
“The jury, by its verdict, clearly rejected that claim made by the state police DNA expert,” said McMahon, who argued the state police claim was not valid or supported by reliable evidence. “To a large extent, it was a battle of the experts on that point.”