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Stephen Geisik, the Los Alamos man accused in 2012 of having sex with a 12-year-old girl, was found guilty in district court Wednesday on all three counts related to the crime.
Charges against him included two counts of criminal contact with a child under the age of 13 (second degree), and one count of contributing to the delinquency of a minor. Geisik was 21 at the time the crime was committed.
Geisik is due to be sentenced later this month. The two counts of criminal contact carry a maximum penalty of nine years in prison and/or a $10,000 fine each. The delinquency charge carries a maximum penalty of up to 18 months in prison and/or a $5,000 fine.
When Geisik is released from prison, he will also be required to register as a sexual offender.
In April 2012, Geisik was arrested after he made a confession to Los Alamos Police Det. Paige Early that he indeed did have sex with the child. According to his own confession, one of those times occurred during a party at his house in March of that year.
After he told friends there he was going out for cigarettes, the child offered to come with him. On the return trip, they headed to a secluded area in town to have sex in his car. According to the victim, the sex was consensual.
During the trial, it also came out that during the party, Geisik who also apparently realized how old she was, gave her alcohol.
In closing arguments, Assistant District Attorney Kent Wahlquist emphasized this to the jury.
"She also testified to you that when he was handing her shots is when she said 'I'm 12-years-old.' Still, he handed her shots, and then they went out and smoked. And as the defense was pointing out to you, she was developed. She looked older than 12. Even the defendant didn't believe it. 'Are you sure your 12?'... and (she) said 'yeah, yes, I'm really 12’," Wahlquist said.
Geisik's attorney, Sydney West, reminded jurors that a medical examination of the victim determined that she was physically very mature, scoring the highest score on the "Tanner Scale," which is a 5. The Tanner Scale is a rating system used by medical experts to determine the physical and sexual maturity of males and females.
She also brought up the victim’s past personal history, which included a police report of a group rape that even Det. Early testified she had a hard time believing.
“Though technically, (the victim) is a child, she is an adult who is a complete adult … she has reached Tanner stage 5 and that is as far as you get,” West said. “She won’t be any more developed when she turns 16, she won’t be any more developed when she turns 20, or any more developed when she turns 30. This is an allegation of consensual sex between a young man and a young girl.”
In the end, though, the jury determined that an adult took advantage of a 12-year-old girl.
Including jury selection, the trial lasted about two days. The jury took about three hours to reach its decision.
West said it was too early to determine if she was going to launch an appeal. “We have to wait and see what happens at sentencing. She also said however that the jury did seem to give thoughtful consideration to the arguments she made on behalf of her client.
“It was tough, because they stayed out for a long time, but I think they gave due consideration to the argument,” West said.
Wahlquist declined to make a statement about the case, reserving that time for sentencing, which will be in a few weeks. Santa Fe Judge Mary Marlowe Sommer presided over the case.