Students testify about good vs. bad touch

BARSTOW - James William McKinley's defense portrayed him Wednesday as a "kid magnet" with an affectionate - and appropriate - relationship with students.

As defense attorney Stanley Hodge presented his case before the jury at the Barstow courthouse on Wednesday, he asked former students from McKinley's class whether or not they saw good or bad touching in the classroom. Both sides will use the "good touch, bad touch" distinction to argue whether McKinley is guilty of the sexual assault and molestation charges. McKinley is accused of sexually assaulting and molesting students in his fourth-grade class at Cameron Elementary school.

According to previous reports, Barstow police arrested McKinley on Jan. 24, 2006, for suspicion of sexually assaulting a 9-year-old student. The student, according to police reports, reported to School Resource Officer Albert Toro that McKinley sexually assaulted her at school. Shortly after the arrest, more students came forward to report similar assaults. McKinley pleaded not guilty to all charges in an arraignment in May 2006.

A former male student of McKinley testified that his parents taught him the difference between a good touch and a bad touch.

A good touch is, he said, "If you give a pat on the shoulder or something, but if you touch them somewhere ne gative, that's a bad touch."

"When you were in Mr. McKinley's class, did you ever see him touch a student in a bad way?" Hodge asked the former male student.

"No," the student replied.

A former female student, not an alleged victim in the case, said she saw the teacher kiss the top of some students' heads but never anything she identified as a bad touch. Once, she said, McKinley rubbed a girl's stomach.

"Someone had a bad stomachache. He rubbed her stomach and sent her to the office," she said.

Deputy District Attor ney Barbara McClanahan spent her cross-examinations of Hodge's witnesses clarifying statements and questioning whether the students could watch McKinley at all times. She also pointed out inconsistencies in the testimony of witnesses with their previous statements. Much of her time was spend "reminding" witnesses what they had said before.

Thomas Lyon, a professor of law and psychology at the University of Southern California and expert on child witnesses, said speaking in terms of good or bad touching makes it easier for children to talk about their experiences.

"Legally, sexual touching is the touching of the child for sexual reasons," he said. "Good or bad touching, that's the language children have come to understand for sexual touching."

In order to find a defendant charged with felony sexual assault and misdemeanor sexual molestation, the prosecution must show a sexual motivation on the part of the defendant, Lyon said. McKinley stands trial on both felony and misdemeanor charges.

In the absence of a defendant who will admit to committing sexual touching, Lyon said, the prosecution must rely on the alleged victims to establish that fact. The defense will try to discredit it.

"Once you train a child on sexual touching, they will recognize it," he said. "The child will have a sense that the defendant is crossing a line."

Hodge argued that McKinley's touches were not sexually motivated but touches of affection toward his students. During his opening statement, Hodge promised the jury he would call witnesses to show that McKinley was "a kid-magnet," someone who had a sympathetic and loving affection to kids and adults.

A parent of a former student testified that her son felt bad when McKinley had to leave the classroom due to the charges against him.

"He didn't really care much for attending school when Mr. McKinley wasn't there," she said.

A for mer instr uctional aide, Lori Fulghum, testified that students would often give McKinley hugs goodbye. She said she never saw any inappropriate touching while she was in the classroom with McKinley.

The defense also attempted to clear up some questions surrounding the pornography found on McKinley's computer. The Web sites were presented by the prosecution last week. Hodge called McKinley's 23-year-old son, Ryan McKinley, who testified he had on multiple occasions looked at pornographic Web sites on his parent's computer. McClanahan countered by arguing that Ryan was not living at his parent's house during the time the Web sites in question were accessed.

The trial will resume for a half day at 9:30 today in Department B1 at the Barstow courthouse. The court will then be in recess until Feb. 27.