Crime & Safety

Mark Kinney May Have 'Groomed' Girls and Manipulated Parents, Case Agent Testifies

The molestation trial of the musician and private music instructor continues Monday in El Cajon.

One item taken from the Wynola home where musician Mark Kinney rented a room was a VHS videotape cassette containing three movies, a jury heard last week. The combination and type of movies concerned Sgt. Chris Davis, who was a detective with the Sheriff's Child Abuse Unit in 2009. He and a team of investigators collected potential evidence from the home under a search warrant. The search was conducted after the parents of three music students filed a report with the Sheriff's Department alleging Kinney had molested their daughters and possibly created pornographic material with them.

Davis testified last week in Kinney's trial in Superior Court. Kinney has been charged with a total of 10 counts related to lewd and lascivious acts with children under age 14, creation of obscene material and possession of child pornography.

Last week, the jury heard how the videotape contained an adult pornography movie, showing multiple people performing sex acts, as well as two children's movies: Bedknobs and Broomsticks and one about The Wizard of Oz.

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Davis testified that in his experience these types of combination videotapes—showing both adult and children's content—are used to "groom" young children to engage in sex acts.

"Grooming involves building trust ... familiarizing them with activities that seem like fun ... getting them to trust the person they're with so they don't report him," Davis testified.

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Davis also testified that he had found approximately 200 pornographic images on Kinney's laptop, which was seized in the search. About 150 of the images were child pornography, Davis said. Those images were "much more sexually explicit" than the adult pornography and contained various sex acts, including intercourse, Davis said. Most of the children in the images appeared to be age 10 and under, he said, and the images appeared to have been downloaded off the Internet.

Several adults testified last week that they had been concerned about Kinney's unusual behavior with the three girls. One adult testified about draining a Jacuzzi so it would no longer be used after observing Kinney, in his late 40s, sitting in it with a young girl on his lap, "staring off into space."

"I thought, 'What's wrong with this picture?' " the witness for the prosecution recalled.

The musician taught private music lessons in Ramona from a rented studio in Ramona Music Center on Main Street. He also performed and taught in "a lot of private homes" throughout San Diego county, according to Jon Hasz, co-owner of the store. Kinney was music director of Julian's Christmas Carol production in 2006.

Parents of the girls alerted a sheriff's deputy about the behavior after another adult called them with concern. They testified last week that after hearing from the adult, they approached their girls separately to ask about Kinney's behavior with them. All three of the girls broke down and one became hysterical, parents testified. It was not the first time that a parent had observed the girl become hysterical in a situation related to Kinney, the court heard. The girl had had "a meltdown" before a musical performance once "to the point of hyperventilating," the parent testified last week.

The court heard that over seven years Kinney touched the girls inappropriately, swam naked with them at night with no other adults, took one girl hiking alone and swam naked with her, and videotaped and photocopied private body parts. It's also alleged that he initiated discussions about sex.

Each of the girls testified. A victim's advocate sat next to the youngest girl as she answered questions. The advocate was accompanied by a dog, which the girl was allowed to pet. The advocate and dog are provided for young witnesses through the District Attorney's office.

Jurors also heard and watched forensic interviews of the girls done in September 2009. One of the forensic interviewers is expected to take the stand Monday.

Defense attorney David Cohn said last week that, so far, he had not found the case "compelling enough" to put his client or witnesses on the stand. He said that the prosecution witnesses had already testified to Kinney's character. Several witnesses said they had thought Kinney was a "great guy" and "a lot of fun." He had taken the girls on many outings to restaurants, movies and the beach. He played a lot of music with them.

When Cohn cross-examined Sgt. Davis, he asked Davis if it were true that he had told the girls' family members that Kinney had "manipulated" the parents and that they "had a good case." He also asked Davis to confirm that he had told the parents that Kinney "knew exactly what he was doing." Cohn further asked Davis if it were true that images of the girls on Kinney's laptop showed them clothed and doing normal activities. Davis said that each was true.

Davis agreed with Cohn's statement that his role is to be impartial. Under questioning from the prosecution, Davis told the court that the statements were made in the context of preparing the family members for the trial.

In his opening statements, Cohn told jurors that this was a case in which "something is being made out of nothing." Throughout the trial, he has highlighted inconsistencies between the girls' recollections in the preliminary hearing versus what they have said at trial. Judge Allan Preckel reminded jurors that the burden of proof is not as great in the preliminary hearing. Prosecutor Timothy Campen reminded the court that answering questions is uncomfortable for the girls and that they may have felt a little less scared to tell more facts as the trial progressed.

The judge has told jurors he expects to deliver the case to them late Monday or Tuesday. The jury and alternates include 11 men and three women.

Kinney could face 47 years to life in prison if convicted on all charges.


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