A 16-year-old former Waco girl testified Tuesday that a man her best friend considered an uncle figure touched her inappropriately while they were watching movies together four years ago.
Justin Russell Murdoch, 31, a former clerk at a distribution warehouse, is on trial in Wacos 54th State District Court on two counts of indecency with a child by contact, second-degree felonies punishable by up to 20 years in prison.
The girl, a student in a Gifted and Talented program, told jurors that Murdoch was living in a North Waco home with her best friends mother, her friend and her friends younger brother when she spent three or four nights there in October 2013.
On the night she said Murdoch fondled her, her friends brother was asleep on the couch and her friend went to bed, she said. She and Murdoch were lying on the floor watching a horror movie when a scary scene made her jump. She said when she jumped, it moved her closer to Murdoch, and he hugged her in a comforting embrace.
I really didnt think that much about it because the family was very affectionate and I was considered like a daughter in the house, said the girl, who now lives in South Texas.
She said she expected Murdoch to release his embrace, but he didnt. He moved his hand to her shoulder and then brushed it against her breast, she said. She thought the touch could have been accidental until Murdoch moved his hand back to her breast and left it there long enough to make her uncomfortable, she said.
Then his hand went under her clothes and he also groped her buttocks, she said. He also took her hand and placed it on the crotch area of his jeans, the girl said, fighting back tears.
I remember thinking this is the type of stuff you see in movies, she said. I was paralyzed, and then I realized why those girls dont know what to do. They are frozen.
She said Murdoch pulled the blanket over their heads and tried to kiss her. She was crying, and he asked her what was wrong.
She said he got up and looked worried. He left the room but came back and asked her to go outside with him. She doesnt know why, but she did, she told the jury.
Murdoch apologized to her and said he thought she liked him. He made her promise not to tell anyone, which she did, and then he asked if he could hug her. She said they hugged.
I put too much trust in adults, because not every adult wants the best for you, she said.
She said she did not report the incident for more than a month because she didnt want to destroy her friends family.
She told her friend one day in the school gym, and her friend told her mother, she said. Now, her friend whom she once considered like a sister to her wants nothing more to do with her, she said. She said losing her friend was like chopping off my arm.
Under cross-examination from defense attorney Jonathan Sibley, the girl acknowledged that she also made similar accusations against another Waco man in 2003, suggesting she fabricated both stories.
You said you have a vivid imagination and had bad dreams, Sibley said. Did you ever dream about being sexually abused?
Because Sibley suggested the girl made up the allegations, prosecutors Hilary LaBorde and Christi Hunting Horse sought permission from Judge Matt Johnson to call another girl, who said Murdoch groped her buttocks five years ago. Sibley objected, saying the testimony would be far too prejudicial against his client, while LaBorde argued that Sibley opened the door to the testimony by questioning the veracity of the girls statements.
After about 30 minutes of back-and-forth arguments while the jury waited outside the courtroom, the judge agreed to allow the testimony.
The girl, who is now 13, said Murdoch, whom she referred to as Uncle Moo, was living in her aunts home in 2012. She said he squeezed her buttocks in a room while her younger sister and brother were there.
It was a bad thing he did, and I did not feel comfortable, the girl said.
Prosecution testimony continues Wednesday morning.
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Waco man on trial in sex abuse of girl - Waco Tribune-Herald
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