La Plata, MD – Charles County Circuit Court Judge Amy J. Bragunier declared a mistrial Tuesday, Nov. 29 in the sex abuse of a minor case of Donald McCoy Stancell Jr., 37, of New Carrolton.
The two-day trial in La Plata ended late Tuesday night when the jury couldn’t reach a decision on whether the defendant had sexual relations with his step-daughter over a three-year period or whether the girl was retaliating for having been disciplined the night before she alleged the abuse.
The alleged victim, a student at McDonough High School, originally told investigators her step-father had pushed her down, stating that the bruise on her leg was from that incident.
She later recanted that statement, defense counsel Thomas Mooney ascertained from Det. Kristin Gross of the Charles County Sheriff’s Office. The alleged victim later made a statement confessing that she actually fell down during an argument, and bruised the leg on a bookcase.
After that confession, she alleged the sexual abuse to the investigator.
Gross said, when Stancell was charged they took photographs of his private parts for evidence.
“During my interview, she had given me a description of his genitalia,” Gross stated, “including a scar on his hip.” When Mooney asked the detective why she dismissed the physical abuse charge and went after his client, Gross replied, “I was more concerned about the sexual abuse.”
“She was a minor,” Charles County Assistant States Attorney Sarah Freeman told the jury during closing arguments. “She was a minor when these acts occurred.”
Freeman asserted that the defendant performed fellatio on the girl at least 30 times over a three-year period and had sexual intercourse with her at least 50 times during that span.
Mooney said the victim changed her story when confronted about the bruising on her leg and was lying about the sexual abuse. “She has had issues in the past,” he told the jury. “Her mother was to the point of saying ‘get out.’ She had previously left suicide notes, and she had run away.”
He implied that the story about sexual abuse came only after she was disciplined by her step-father during an argument over a cell phone. Mooney said DNA evidence against his client was scant, claiming that “one-tenth of one percent” of evidence found on the girl’s underwear was inconclusive.
“When the state says, rely on the DNA, then we say the DNA supports our position,” Mooney stated.
The jury deliberated until almost 11 p.m. before informing the judge they could not reach a conclusion.
The trial included one juror having to be dismissed on the second day of deliberation due to a critically ill family member.
Contact Joseph Norris at joe.norris@thebaynet.com