A second jury is hearing evidence against a Springville man accused of sexually abusing a child.
This time there are two alternate jurors who can serve if something goes wrong. A mistrial was declared during Arvid Oakley's first trial in May after the judge learned some jurors had discussed the trial over lunch despite his admonishments.Fourth District Judge Anthony Schofield said that while it's not his normal practice to select alternates for what is expected to be a short-term trial, in this case he wants to be prepared for whatever might happen.
Oakley, 54, the founder of the nonprofit Superkids of America organization, is accused of sexually abusing a 4-year-old girl who lived a couple of blocks from his home and who frequently visited his home along with other children in the neighborhood.
The girl, now nearly 6 years old, was scheduled to testify Thursday but refused and hid behind her mother instead. Friday, the girl pointed out Oakley while sitting on her mother's lap. But she basically said nothing in her testimony.
Oakley's attorney challenged the girl's competency to testify. The judge, however, did not agree.
"She is a whole lot more scared today. She was articulate in the last trial. I don't think we can say she's not competent," Schofield said.
Oakley has pleaded not guilty to the charge - aggravated sexual abuse, a first degree felony. His attorneys say he is "a serious humanitarian" who is alone and thus an easy target for accusation. If convicted, he faces as much as five years to life in prison.
Witnesses for the prosecution said Oakley encouraged children to spend time at his home. He provided a wide variety of toys and activities and frequently set up parties and sleepovers for them.
Former neighbor Amanda Cragun said she allowed her sons and her daughter to go to Oakley's home until it became apparent something was not right.
Cragun said her daughter came home in different pajamas and with wet hair after having a bath at Oakley's house. She said when the sleepovers occurred, the boys were in the garage and shed while the girls were in the home.
She said her daughter, the alleged victim and a cousin, all started exhibiting sexually charged behavior after spending time at Oakley's house.
Jamus Johnson, one of the attorneys for Oakley, said Oakley is a Vietnam veteran who simply wanted to make a difference, so he started the Superkids club.
Johnson questioned social worker Barbara Bair's videotaped interview with the alleged victim, suggesting that children are easily led. In the videotape, played for the jury, the girl said Oakley touched her inappropriately.