Out of respect for our viewers and the victim in this case, Newschannel 6 has chosen not to report explicit details of the sexual assault.
Day 5, May 27, 2011
Brian Gilley is sentenced to serve 30 years in prison.
Proceeding began shortly after 9 am Friday with closing arguments. Starla Jones, for the state, took the floor telling jurors, "you have the chance to speak up for the victim, send a message to everybody, let them know that what Gilley did is not acceptable here in our county."
Jim Rasmussen, who is representing Gilley, and Julia Bella spoke, Bella addressing jurors that 25 years is enough. During this time Brain Gilley started to sob with his head in his arms.
The jury left the court room at 9:30 am to start deliberating punishment. Just after 11:30, they came out with a recommended sentence of 30 years. The Judge upheld the jury's decision.
Yesterday Gilley was found guilty of aggravated sexual assault of a child. He was indicted after a young child came forward in January of 2010 to say they had been assaulted by him.
Day 4, May 26, 2011
After just 45 minutes, Wichita County jurors returned a guilty verdict for Brian Gilley. He was indicted on a charge of aggravated sexual assault of a child.
Closing arguments began shortly after 2:00PM Thursday. Starla Jones for the State went first, giving jurors instructions and telling them to find Brian Gilley guilty. Jim Rasmussen went next, saying the ordeal Gilley has gone through with the accusation has been a nightmare.
Rasmussen told jurors, "This did not happen, the State did not prove it. Children make stuff up. He closed out by asking the jury to consider Gilley innocent and let him walk out of this court room. "End this nightmare," pleaded Rasmussen.
Jones, finishing her close, went next. "The nightmare?" She posed, "Gilley has not gone through anything like (the alleged victim) has."
Jones said Gilley destroyed the alleged victims life. "He shattered (the alleged victim)," she said.
Jones played excerpts of the child's interview with the Patsy's House interviewer. She said it took a lot of courage for the young alleged victim to come forward and testify in court about the alleged attack. She then pleaded with jurors "Now you have to have the courage to go in the Jury Room and stand up for (the alleged victim) and hold Gilley responsible."
Jurors got the case at 2:53 PM they were back with the Guilty Verdict at 3:39 PM
The punishment phase of the trial began at 4:00 PM
The State brought up previous criminal convictions, including one from Weatherford, TX that involved stealing a police car. Gilley began weeping openly when his brother took the stand. His brother said he is a good man that would do anything for him.
One of the most poignant moments came when Gilley's father was on the stand. Rasmussen ask him "Do you believe your son is guilty of this crime?" Hoyt Gilley looked into his son's eyes for about 10 seconds in silence and then responded, "No, Sir. I do not."
Jurors will meet at 9:00 AM Friday to decide a recommended sentence. Gilley faces between 25 years and Life in prison.
Day 3, May 25, 2011
Testimony resumed in the aggravated sexual assault of a child case against Brian Gilley Wednesday morning. Jurors heard from a psychologist who talked about children who've been sexually abused. Dr. William Lee Carter told the court, "Children tell about abuse so they are no longer a victim."
Carter said that sexual abuse turns on a child's "sexual switch". He said the child ".. now sees the world with sexual awareness they would not have and it affects the way they relate to others."
Carter was ask about points of the case by Assistant DA Starla Jones. On the subject of a mother that did not believe the abuse he said, "Denial would be something that you would expect from a non-protective mother."
On cross-examination from Defense Attorney Julia Bella, Carter said he had not interviewed anyone involved in the case. He had received reports and other materials related to the investigation by the Burkburnett Police Department and Child Protective Services. Carter said that all the answers he had given were purely hypothetical.
Court took a morning recess at 10:20 AM.
After the recess, testimony continued from Dr. Carter. It continued until around 11:20 AM when the State Rested.
Defense Attorney Jim Rasmussen gave a brief opening statement to the Jury. He told them there is "Very important information that needs to get out there." Rasmussen said he would introduce school attendance records and testimony from the alleged victim's sibling that would show that the claims are false.
Rasmussen also said he would call Wichita Falls Psychologist and Author Dr. David Sabine to the stand. Rasmussen said Sabine would explain the psychology behind a false claim.
Court took a recess for lunch around 11:45AM. It is set to resume at 1:30PM.
After lunch testimony continued with the alleged victim's sibling on the stand. The 10-year-old testified the alleged victim had tattled on them many times, and sometimes it had not been the truth. The sibling testified of a time their mother asked the alleged victim what they were going to say in court. The sibling testified the alleged victim told their mother they would say the alleged attack was all just a dream. The sibling testified they were a little bit afraid of Gilley.
Gilley's mother took the stand next. She testified she had never seen him act inappropriately with children.
Dr. David Sabine took the stand as an expert on psychology. The Clinical Psychologist and Author testified about a term called Confabulation - where a memory is actually made up from a series of different experiences.
The Defense rested around 3:45PM
Testimony wrapped up with the State calling Denise Roberts, a forensic interviewer at Patsy's House. She testified about the day in Jan 2010 when she interviewed the alleged victim. An audio recording was played of the interview. It took place at the young child's school.
In the recording, the child could be heard recounting the graphic details of the alleged assault. The child also told investigators they had told their mother about the alleged attack at some prior time.
Court was recessed until 2:00PM Thursday when closing arguments will be held. The proceedings were pushed to the afternoon time due to an attorney having a family member's funeral to attend, out of town, in the morning.
Day 2, May 24, 2011
Jury selection resumed Tuesday at 9 a.m. Public Defender Jim Rasmussen was polling the prospective jurors.
Rasmussen went over reasonable doubt with the 60 potential jurors. He said a juror can have 99 reasons to convict a person, but if there is one reasonable doubt, they must find the person innocent.
The jury was seated and Gilley was formally arraigned just before lunch recess. He entered a formal plea of Not Guilty.
After the lunch break testimony got underway. First on the stand was the alleged victim's Pre-K Teacher's Aid. She testified the then 5 year old recounted the alleged attack one morning in class.
The alleged victim's mother also took the stand. She testified she thinks the child had seen some explicit content on TV or the Internet. The child's mother says the claims were a result of seeing inappropriate material.
After a recess, the now 6 year old alleged victim took the stand. The child recounted in detail the alleged attack. The details of the alleged attack are too horrible to repeat.
The child testified that their mother told them to tell others it was all just a dream. The child said it made them sad when their mother asked them to lie.
The day wrapped up around 5:00 PM. Testimony will resume at 9:00 AM on Wednesday.
Day 1, May 23, 2011
Monday afternoon, jury selection began in the Aggravated Sexual Assault of a Child trial of Brian Shawn Gilley.
Gilley has been indicted on a count of Aggravated Sexual Assault of a Child. According to court records, Burkburnett Police say that in January of 2010, a child told school teachers that Gilley had forced them to engage in unwanted sexual contact. Investigators say the alleged victim was able to disclose "vivid details about being sexually assaulted by Brian Gilley" during a forensic interview.
The documents show that Gilley offered to take a polygraph examination and failed.
The pool of jurors was called into the 89th District Court one by one. Once the room was filled, Judge Mark Price instructed them on what is expected of jurors.
Starla Jones with the DA's Office started polling the room. She used an overhead projector to ask the room things like "Do you think victims of sexual abuse all behave in a certain way?"
She went around the room, listening to the answers prospective jurors provided.
Gilley was seated with his attorney Jim Rasmussen, facing the room. He was wearing a light blue striped button down shirt, collar open. His hair was much shorter than in his arrest mug shot.
The proceedings continued until just before 5:00PM.
Court was adjourned and will resume at 9:00AM Tuesday.