'Don't Tell Your Parents'—Jury Hears Continued Testimony in Molestation Trial

In testimony Wednesday, a private music instructor was accused of photocopying young girls' naked bottoms, repeatedly swimming naked with them in the dark without other adults, going hiking alone with at least one young girl and swimming naked with her—all the while telling the girls, "Don't tell your parents."

Mark Lewis Kinney, a musician who taught private lessons from a rented studio in a Ramona music store as well as in private homes throughout San Diego County, is charged with seven counts of lewd and lascivious acts with a child under the age of 14, two counts of creating obscene material with a child and one count of possession of child pornography. According to opening statements by the prosecutor Monday in the El Cajon courthouse, the pornography was found on Kinney's home computer when he was arrested in December 2009.

The three girls—all music students of Kinney—delivered clear and steady testimony Tuesday and Wednesday, with little emotion and no requests to take breaks. They have been cross-examined about any possible inconsistencies. Many questions by prosecutor Timothy Campen and defense attorney David Cohn have been posed in such a way that the girls can answer either "Yes" or "No." There have been many "Yes" answers.

Sgt. Chris Davis, case agent, and former detective with the San Diego County Child Abuse Unit, said the girls' testimony has been "excellent."

"They have been straightforward, spoken out loud and have been very credible," he said.

Davis said, "We always hope to produce a case good enough to convince a defendant not to take this to trial due to the strength of the evidence." Davis said the girls had been reluctant to testify in the preliminary hearing.

Several times Tuesday and Wednesday, both attorneys acknowledged that this might be uncomfortable for the girls, before carefully posing questions. At certain points, the lawyers let the girls know that awkward questions were coming up.

A victims' advocate from the district attorney's office sat with the youngest child Wednesday, accompanied by a dog used to comfort young children when they testify.

Kinney faces 47 years to life in prison if found guilty on all charges.

"There are serious charges in this case due to the number of girls and the type of acts," Davis said.

Kinney had lived in Florida, the court heard, before coming to live in a rented room in the Wynola area in about 2001. He has performed as a musician in the backcountry, sometimes in bands with children. He was music director of the Christmas Carol production in Julian in 2006.

The court has heard testimony this week that Kinney was thought of as "a great guy" and that the girls had "a lot of fun" with him over the course of nine years, during which time all three of the girls took music lessons from him. Lessons were at the girls' and Kinney's homes. The prosecutor was told Kinney was considered a trusted companion to the girls and known to extended family members and the community.

Co-owner of Ramona Music Center, Jon Hasz, said detectives told him that there are no reported incidents related to Kinney that happened at his store on Main Street in Ramona. Hasz told Ramona Patch that Kinney had taught all over the county, mostly in homes, but that he, Hasz, was unaware of any other stores where he may have taught.

The jury and alternates in the case include 12 men and three women. Judge Allan Preckel is presiding in Department 12 the El Cajon branch of San Diego Superior Court.