Judge issues ruling for Modesto man accused of sexual abuse, using hidden camera
A Stanislaus County judge on Friday said there was sufficient evidence for a Modesto man to stand trial accused of sexually abusing a child and using a hidden video camera to record the girl showering.
Jim Patrick Arnold, 40, faces three felony charges and a misdemeanor count in connection with the alleged sexual abuse. Arnold is accused of continuous sexual abuse of an underage family member, a girl identified in court records as “Jane Doe.”
The alleged abuse occurred between March 2018 and February and involved three or more lewd and lascivious acts with the girl, according to the criminal complaint.
Modesto police Detective Sean Dodge interviewed the girl in March. On Wednesday, Dodge testified the girl said Arnold molested her on three occasions.
The girl told the detective the first time occurred shortly after her birthday.
The girl told Dodge she didn’t tell anyone about the alleged molestation after the first two incidents, because she had been previously sexually abused by another adult relative. Dodge testified that the girl said she “didn’t want to tear up the family.”
The defendant also is charged with possessing an image of a minor engaged in or simulating sexual conduct. And he faces a charge of using a child for posing or modeling involving sexual conduct, according to an amended criminal complaint filed. Those are both felony charges.
Shower video found
Modesto Police officer Hector Marquez on Feb. 23 collected a USB drive from Arnold’s wife. She told the officer that the portable digital storage device contained child pornography, Marquez testified on Wednesday. She and Arnold had a mutual friend who had given the USB drive to the defendant’s wife.
Arnold had asked the friend to collect several items from the couple’s home, so the defendant wouldn’t violate a court order to stay away from the family. One of those items was a specific USB drive that could be found in a drawer along with several other USB drives, Marquez said on the witness stand.
The officer testified that Arnold told his friend there were photos and videos of his ex-girlfriend on the USB drive, and he didn’t want his wife to see the images. Marquez said Arnold’s friend plugged the USB drive into his own computer and saw an image of the defendant’s master bedroom.
Marquez said in court that Arnold’s friend “got a bad feeling,” so the friend immediately unplugged the USB drive and gave it to Arnold’s wife.
Prosecutors also have charged Arnold with a misdemeanor count of disorderly conduct, in which prosecutors accuse Arnold of hiding the camera to secretly obtain video footage of a person in a state of undress where the alleged victim had a reasonable expectation of privacy.
Attorneys argue over charges
James Reilly, Arnold’s attorney, asked the judge to drop the two felony charges that stem from the shower video.
Reilly disagreed with Dodge’s characterization that the footage in the video contained sexual images.
Deputy District Attorney Erin Schwartz argued that using a child to engage in sexual conduct doesn’t require her knowledge of it.
Schwartz also told the judge that Arnold’s justification for setting up the video camera and asking his friend to retrieve the USB drive “shows consciousness of guilt.”
Stanislaus Superior Court Judge Shawn Bessey reviewed the video and returned Friday morning with his decision.
In this case, Bessey said there was sufficient evidence that this video included “some sexual acts,” and the child’s actions in the video could be perceived as “sexual conduct in the eyes of the viewer.”
The judge ordered Arnold to stand trial on the three felony charges and the misdemeanor charge in the sexual abuse case. Bessey scheduled Arnold to return to court Dec. 3 for an arraignment hearing. Arnold remains free on $100,000 bail as he awaits trial.
The defendant was a part-time volunteer youth ministry worker at Big Valley Grace Community Church in Modesto. There is no indication that the allegations in this case involve the church.
When he was arrested in late February, Arnold worked as a senior human resources analyst for the Modesto Irrigation District, a position from which he has since resigned. Before that, Arnold worked for the city of Modesto, where he held several positions culminating with human resources manager.
Reilly has told The Bee that his client promptly admitted culpability and accepted responsibility for his actions under circumstances in which he was suicidal. Reilly also has said that Arnold’s own regret and shame led to contacting law enforcement officials; not the girl’s allegations.
Suicidal threats
Modesto Police Officer Jose Carranza went to Arnold’s home Feb. 19 after receiving a report that a man was making suicidal threats. Carranza questioned Arnold that day.
The court ordered a pre-plea probation report in this case. Stanislaus County Probation Officer Denise Locke questioned Arnold for the report.
Locke testified on Wednesday that Arnold in the interview was “trying to rationalize his behavior” of setting up the video camera in the bathroom. She also said Arnold told her if the girl “showed signs of physical maturation, then he wasn’t a pedophile.”
Psychological evaluation
The court also ordered an evaluation for Arnold conducted by psychologist Richard Blak, and his report was filed in court July 10.
In a defense memo to the court filed Aug. 26, Reilly wrote that Blak’s evaluation determined Arnold was a low risk for recidivism and did not meet the criteria for pedophilic disorder. The defense attorney also wrote that Blak concluded that Arnold accepts responsibility and felt significant guilt and shame shortly after his transgressions.
“While sexual contact with a 12-year-old minor is never appropriate or excusable, the contact in these three allegations is substantially less serious than is commonly seen in crimes of this nature,” Reilly wrote in his memo to the court.
Arnold has been attending mental health treatment related to the alleged sexual offenses in both group settings and individual counseling, according to the evaluation.
The psychologist wrote that Arnold confessed to his pastor about his conduct with the girl, and told the pastor he was suicidal. The pastor then called police as he is a mandated reporter.
“He has acted on what he believes to be urges that were triggered by his curiosity, but does not believe that he did these behaviors in terms of pursuing lust or sexual results,” Blak wrote about Arnold.
This story was originally published November 15, 2019 at 1:42 PM.
