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July 15, 2005
Stepfather found guilty on sex charges
PUNTA GORDA -- A Port Charlotte man charged with forcing his teenage stepdaughter to perform sex acts on him was found guilty Thursday on six counts of sexual battery.
John Michael Esposito, 43, showed little emotion other than a clenched jaw as the deputy clerk of courts at the Charlotte County Justice Center read the verdict handed to her by the six-member jury that deliberated about 90 minutes before finding him guilty.
The victim, Anne Marie Esposito, now 22, wept openly while she continued to glance over at her mother -- who was a witness for the defense earlier in the day. Anne Marie agreed this week to have her identity revealed.
Assistant State Attorney Andreas H. Gardiner said the key to the verdict was Anne Marie being a credible witness.
"I am happy to see the jury was able to see through to the defense's version of events," he said in his office after the verdict was handed down.
Defense attorney Kevin Shirley sat next to Esposito's wife, Lucy, after the bailiff took Esposito into custody.
"We have reached a point in the state of Florida where you can no longer get a fair trial on a sex-related charge," Shirley said, adding he will be filing an appeal.
Esposito faced five charges of sexual battery by a custodian on a victim over the age of 12 but under 18, one charge of child abuse and a charge of sexual battery. On Thursday, the state conceded to the request of the defense for a judgment of acquittal for the child abuse charge because of statute of limitation issues.
Esposito was arrested Sept. 10, 2003, and held on $75,000 bond at the Charlotte County Jail until he bonded out Oct. 20, 2003, for forcing the girl to perform sexual acts on multiple occasions between January 1997 -- when she was 14 years old -- until June 2002.
The trial began Tuesday. On Thursday, the victim's mother and the accused's wife, Lucy Esposito, took the stand in defense of her husband.
While Anne Marie and the state have always referred to Esposito as Anne Marie's stepfather, Lucy said on the stand that he was actually her biological father.
"As far as I know he is," she told the jury.
Lucy spoke directly to the jury while testifying. During cross examination, Gardiner asked why she did so.
"Because I was told to," she said.
Gardiner referred to her testimony during his closing arguments, trying to show the jury that Lucy was a passive woman who "did what she was told to do."
Anne Marie had told the jury on Tuesday that her mother was a battered woman and afraid of Esposito, although Lucy vehemently denied any physical abuse from her husband while under oath Thursday.
Later in the day, Esposito testified on his own behalf.
According to Anne Marie, the abuse started after her mother and stepfather had a falling out with a local preacher when they were kicked out of the church for unknown reasons. Anne Marie testified that Esposito told her to lie to police about the pastor forcing her to perform sex acts and then forced her to do the same on him to learn how to do it and "be believable."
The case against the pastor was never prosecuted.
Esposito's sentencing is scheduled for Aug. 19 at the Justice Center. He will remain at the Charlotte County Jail until then.
Esposito could face up to 170 years in prison, according to prosecutors.
Anne Marie went to hug her mother in the courtroom after the verdict, but was stopped by Shirley and the court bailiff.
"I hope one day we can have a relationship again," she said. "But I am so relieved. I have two brothers and a sister in that house, and now I know they are safe."
Posted by Nealus at July 15, 2005 01:49 PM
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