Jurors start deliberating in Koshiba trial

The six Superior Court jurors started deliberating yesterday in the case against Jergerson Techur Koshiba, a 42-year-old former firefighter who is on trial for allegedly sexually abusing a 9-year-old girl at a residence in Navy Hill last February.

The jurors are expected to resume their deliberations today, Friday.

In the government’s closing arguments, assistant attorney general Betsy Weintraub asked the jurors to return a verdict that justice demands by finding Koshiba guilty of sexual abuse of a minor in the second degree.

In the defense’s closing arguments, attorney Joaquin DLG Torres said he believes that the girl was just dreaming, but that whatever the reason is, the government did not meet their burden beyond a reasonable doubt to prove the charges.

Weintraub described the victim as a strong little girl, who cried at the witness stand but continued her testimony.

Weintraub cited the girl’s testimony how she was awakened when Koshiba touched her private part in the living room’s couch on Feb. 26, 2016.

“This man sexually abused a 9-year-old!” said the prosecutor as she pointed to Koshiba.

Weintraub said there is no way the mother ever leaves her child alone with Koshiba again.

Torres said to find Koshiba guilty, the government must prove beyond reasonable doubt every single of the seven elements of the charge of sexual abuse of a minor in the second degree.

Torres described as inconsistent the girl’s statements she gave to a police officer and her testimony during the trial.

Among the statements that Torres cited as inconsistent was when the girl told police days after the incident that Koshiba used a finger to touch her private part, but at the witness stand stated that he rubbed her private part using the right hand.

“I think she’s dreaming,” Torres said.

Torres said the government did not even call to the witness stand the doctor, who examined the girl.

Torres said if the girl was telling different stories and the jurors should not believe any of them.

The defense lawyer said there was no evidence that Koshiba did it for sexual gratification, which is one of the elements of the charge.

Torres said the government presented zero evidence.

The defense counsel said based on the mother’s actions after the girl told her what Koshiba did shows the mother did not believe her daughter.

“I submit she didn’t believe in her own daughter,” Torres said.

Torres said the girl’s panty had no blood or discharge.

Torres said the girl told the doctor that she did not feel any pain and that there was no bruising or swelling according to the doctor.

Weintraub said no one questioned the girl’s credibility and that the charge does not need the government to prove there was injury to the girl’s private part.

Weintraub said what the jurors observe during the girl’s testimony was real fear and real emotions.

Weintraub said the girl got up from the couch and ran to the bathroom then to her mother not because she was dreaming but because Koshiba touched her private part.

Weintraub said the girl woke up her mother and she was crying and shaking.

The prosecutor said the nightmare was not over as Koshiba walked back and forth near the door’s room possibly because he wanted to do it more.

Weintraub said the girl had to cling to her mother’s leg not because it was a dream but because it happened.