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Man allegedly assaults youths

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Friday, Sept. 9, 2011 10:51 PM
Fisher

The case of a local man accused of sexually abusing three children has been bound over to 22nd Judicial District Court.

Melvin Darrell Fisher, 43, was bound over on charges that include multiple counts of sexual assault on a child by a person in a position of trust, and pattern of abuse.

Chris Veach, a forensic interviewer, testified in a preliminary hearing Thursday, saying she interviewed three youths who alleged multiple instances of sexual contact over several years.

Veach said the eldest victim, now 15, alleged that when she was 11 or 12 years old, Fisher touched her with his hand, then a few days later with his genitals.

“He told her to keep it a secret or he would go back to jail for a very long time,” Veach said.

The man took her to McPhee Reservoir and removed his pants and her pants and masturbated in front of her, Veach said.

When the girl was 15 earlier this year, she went over to Fisher’s house, where he said he could wait no longer and forced intercourse upon her, Veach testified. The victim alleged Fisher forced intercourse on her again a few weeks later. At one point, the victim said she told Fisher she did not want to do it anymore and he threatened suicide.

Veach said the victim alleged Fisher also bought her sex toys and told her to touch herself while he filmed her. He said he deleted the videos because they were too risky, the girl told interviewers.

Another girl was interviewed separately, alleging that when she was 7 years old, Fisher touched her multiple times with his hands and genitals, the interviewer testified. He also told her to touch his genitals while they watched pornography at his home.

A boy was also interviewed, who alleged that when he was approximately 8 years old, Fisher touched him during the night.

On cross examination by public defender John Moran, the interviewer said the boy indicated he was asleep during the incident.

“Someone who’s asleep or says they’re asleep when it happened — it flies in the face of reason,” Moran said in closing arguments.

Further, Moran said, there is little evidence from witnesses to corroborate the statements of the alleged victims. Lastly, Moran said there is no testimony stating Fisher was put in a supervisory role of the alleged victims to warrant a charge for assault on a child by a person in a position of trust.

Montezuma County Judge JenniLynn Lawrence disagreed, saying the considerable age difference between Fisher and the alleged victims put him in a position of trust. Further, in regards to the boy, Lawrence said he was “awake enough to notice what was going on.”

Lawrence said for the purposes of a preliminary hearing and in a light most favorable to the prosecution, she would bind all seven felony charges over to district court, where Fisher awaits arraignment later this month.

Fisher is a registered sex offender after a 2005 conviction of sexual assault on a child, for which he was sentenced to 18 months of prison, according to a Colorado Department of Public Safety report.

His information is posted on the Montezuma County Sheriff’s Office website, www.montezumasheriff.org. Under current Colorado law, unless an individual is designated as a sexually violent offender, neighbors of the sex offender do not need to be notified of their presence. Further, regular offenders are not required to live a certain distance away from a school or other youth facility.



Reach Reid Wright at reidw@cortezjournal.com.

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