VANGUARD COURT WATCH: Man Charged with Sex Act with Child

by Ibrahim Baig

People v. Johnathon Timothy Ganthner is a case about sexual abuse, torture, and violence, according to Deputy District Attorney Robert Gorman.

Ganthner’s charges include a sexual act with a child, torturing another person, and abusing/endangering the health of a child.

Public Defender Allison Zuvela informed the jury that Ganthner is innocent of the sexual act charge. The jury will have an opportunity to hear from Ganthner. While Ganthner lied to officers about how the child in question was injured, Ganthner does regret kicking the baby.

The jury heard from several witnesses on Wednesday, March 20.  The following are collected testimonies from various witnesses.

Vanessa Bessbrgr is the mother of the injured two-year-old baby. Gorman explained to the jury that Vanessa had an unstable residence situation. When Vanessa’s mother, Cristina Mendez, found out about Vanessa’s living conditions she convinced Vanessa to leave the baby in Mendez’s care.

Mendez is also the ex-girlfriend of the defendant. They used to live with each other and both took care of Vanessa’s baby.

Vanessa dropped off her baby with Ganthner at the County Fair Mall in Woodland. Ganthner took Vanessa’s baby to Mendez’s house.

Mr. Gorman showed Vanessa a picture of her baby’s injuries. He had a mark on his temple and under his eye. Vanessa stated these injuries were previously not there when she left her baby with Ganthner.

Vanessa’s baby spent a few days with Ganthner and Mendez. One day, Mendez was called to help make dinner at the Wayfarer Center, a local non-profit that helps the homeless.  She left the baby in Ganthner’s care, with a cell phone they share.

Mendez later called from the Wayfarer Center to check up on the baby. Ganthner told Mendez the baby fell and injured himself. Mr. Gorman asked Mendez if Ganthner described the injury to Mendez. With a tear in her eye, Mendez says Ganthner told her the baby looked like he had been “butt raped.”  Mendez rushed home on her bike upon hearing of the baby’s injury.

Stephen Whitehouse, a neighbor, later testified Ganthner came over to his house asking for his wife’s help.  Ganthner explained to Mr. Whitehouse the baby fell down and hurt himself, although Mr. Whitehouse stated the baby was not with Ganthner at the time. Ganthner wished to speak with Mrs. Deborah Roman-Whitehouse because she is a preschool teacher and may know how to help the baby.

Mr. Whitehouse informed Ganthner that his wife was at work, thus Ganthner left. Mrs. Whitehouse, however, learned of the matter at work from her son. She rushed to Ganthner and Mendez’s house on her bike.

When Mrs. Whitehouse got to the home, she saw the baby suckling a juice packet standing next to Ganthner. She believed the baby was in shock but he was quiet.

She inspected the baby’s diaper because she noticed it was wet and red. She noticed the baby’s anal area was red and bloody as well as the baby’s scrotum. Furthermore, she stated the baby’s scrotum was swollen. She immediately advised seeking medical attention.

At some point Mendez arrived. She too inspected the baby’s diaper and noticed the same type of injuries. She threw away the diaper and put loose shorts on the baby for comfort.

Mrs. Whitehouse got her husband to provide transportation for Mendez and the baby. Neither Mendez nor Ganthner have a vehicle. Ganthner was not in Whitehouse’s pickup truck because both Mr. Whitehouse and Mendez said there was no room in the vehicle for him. Mr. Whitehouse also said he did not have a baby seat, so Mendez held the baby in her arms.

Back at Mendez’s home, Mrs. Whitehouse did not stay long with Ganthner. She returned to her job, leaving Ganthner at the house.

Although Mr. Whitehouse said his memory of the events is not that clear, (the incident occurred August 23, 2011), he claimed he initially wanted to take Mendez and the baby to the hospital. However, Mendez requested first to go to Peterson Clinic.

Healthcare personnel at Peterson Clinic told them to go to Woodland Memorial Hospital. Whitehouse then rushed Mendez and the baby to the hospital. Once Whitehouse knew the baby was being taken care of, he left Mendez and the baby at the hospital.

Upon inspecting the baby’s injuries, doctors at Woodland Memorial Hospital concluded the baby’s injuries were not due to falling, but to sexual abuse. The police were notified of child abuse.

Detective Elliot later came to the hospital. Upon learning from the hospital staff that they suspected sexual abuse, Elliot followed a child abuse protocol.

This protocol involves the detective taking pictures of the baby’s injuries. Mr. Gorman showed the jury pictures of the baby’s red and bloody buttocks, as well as a red, swollen scrotum. Furthermore, Elliot informed his sergeant and Child Protective Services of the matter.

Elliot learned from Mendez that Ganthner told her the baby fell from concrete steps and hurt himself. In fact, Ganthner also told this to Mr. and Mrs. Whitehouse. However, when Elliot inspected the concrete steps at Mendez’s home, he found no blood on the steps or any indication of a fall.

Detective Fransisco DeLeon took over the investigation of the case, after being notified by his sergeant that Detective Eliiot was working a child abuse case.

Detective DeLeon met with Elliot at the hospital, where Elliot informed DeLeon what happened. Afterwards, DeLeon gave Mendez a ride back to her home. Elliot also went to Mendez’s home.

Ganthner was still at Mendez’s home when the detectives arrived. Both Ganthner and Mendez gave the detectives permission to search the house. Also, both Ganthner and Mendez cooperated with the detectives.

Ganthner told DeLeon the baby was walking backwards and fell down concrete steps. However, according to DeLeon, Ganthner did not see the baby fall but rather surmised that the baby fell.

Also, Ganthner said he made phone calls to the Wayfarer Center before Mendez called, asking about the baby. DeLeon, however, did not check Ganthner’s cell phone records.

Ganthner did tell DeLeon where he could find the bloody diaper. DeLeon collected the diaper, as well as other items belonging to the baby, as evidence. He submitted these items to the Department of Justice to analyze for sperm and DNA.

Later, both Mendez and Ganthner willingly came to the police station to give statements.

At some point, the baby was transferred to Davis Sutter Hospital for further treatment and examination. When DeLeon received the doctor’s reports confirming that the baby was sexually abused, he arrested Ganthner. The basis for arresting Ganthner was that Ganthner’s version of how the baby was injured is inconsistent with the doctor’s report.

DeLeon then had Ganthner do a suspect evidentiary exam. DeLeon was present with a doctor, as the doctor collected clothing items from Ganthner. Ganthner cooperated during the exam. DeLeon collected clothes, a blood sample, and a urine sample from Ganthner for evidence.

Brief suspicion was cast on Mendez’s roommate, Rick Hennigen. Hennigen is a parolee. Hennigen, however, was able to prove he was not present when the baby was injured. His time cards revealed he was at work. Even Hennigen’s girlfriend at the time said Hennigen spent most of his time at her house, and not at Mendez’s home.

There are some discrepancies among the various witness’ testimonies. Mendez said she went over to the Whitehouse residence seeking help, while Mrs. Whitehouse testified Mendez arrived at her own home while Mrs. Whitehouse was there.

Also, Vanessa stated her baby did not have injuries on his face before giving him to Ganthner, whereas Mendez reported those injuries were present before the day of the incident. In fact, the defense asked Mendez several times throughout the trial about other ways that the baby could have been hurt. Mendez commented that Vanessa’s baby engages in a lot of rough and tumble play, therefore he gets hurt a lot.

Other discrepancies involved the defense’s position about Ganthner not knowing how to deal with children. Both Vanessa and Mendez never heard Ganthner say he was not fond of kids. Also, recall from the defense’s opening statement, Ganthner lied about the baby’s injury. Ganthner kicked the baby. However, both Vanessa and Mendez were never informed by Ganthner that he had kicked the baby.

In fact, Mendez testified that when Ganthner was arrested he admitted to causing the baby’s injuries. Furthermore, Mendez shed light on her relationship with Ganthner; it was a violent one. Sometimes Ganthner would harm her and sometimes she harmed him. One time Mendez inflicted serious injury on Ganthner, and he he had to go to the hospital.

While this is a lot of information to absorb, the jury will still need to hear from doctors examining the baby. They will also need to obtain a DNA analysis on the evidence, which the defense holds does not contain Ganthner’s DNA.

Child Molestation Trial Continues

By Charmayne Schmitz

The child molestation trial of John Ganthner continued on Thursday, March 21, with testimony from Dr. Rosas, Medical Examiner. The doctor was responsible for examining both the two-year-old victim and the accused molester.

Several photos were presented as evidence by Deputy District Attorney Robert Gorman. As each photo was projected on the screen, Dr. Rosas explained which area of the child’s body was being viewed and details about the type of injury. She also told the jury how a child would sustain such an injury.

There were blunt force injuries documented on the child’s scrotum and penis. The chest of the child showed signs of being kicked or stomped repeatedly. The same pattern of strikes was found on the thighs. There was evidence of penetration in the anal area, with tissue tears, bruising and swelling.

In a case like this, doctors are concerned there may be internal injuries. The child was given a colonoscopy, but no internal injuries other than redness and swelling were found. In addition, a total body x-ray is standard procedure. The x-ray could reveal older injuries that had healed, or small fractures not apparent in a normal physical exam. No prior injuries were found.

Allison Zuvela, the Deputy Public Defender representing Mr. Ganthner, asked Dr. Rosas during cross-examination to pinpoint the time of the injuries. Although an exact time can’t be determined, Dr. Rosas was certain it was within 1-2 days prior to the examination. The injuries would have been apparent when the child’s diaper was being changed.

Zuvela got down on the floor on hands and knees and asked if a child in that position could sustain the injuries with a violent hit to the rear. Zuvela also suggested other ways of being injured: if an adult kicked a child with a shoeless toe or a child fell down on the corner of cement steps. Dr. Rosas continued to respond that the injuries seen on this child could not be the result of an accident or anything other than molestation.

Zuvela also asked about how a child molester develops a relationship with a targeted child. It is common to have a perpetrator “isolate” a child; spending time alone with the desired victim to create an opportunity for molesting. Another preparatory relationship with a possible victim is known as “grooming,” where the molester is not always alone with the child but gives gifts and companionship.

The jury submitted a large number of questions that the attorneys had not asked. They also requested that Dr. Rosas draw several diagrams of the injuries and give more detail about the physical examination of the defendant. She found no bruises or blood on Mr. Ganthner and his demeanor was reserved and quiet.

Dr. Rosas was then released and the arresting officer was recalled to the stand. The shoes confiscated from the defendant were presented into evidence along with a bloody diaper. The Department of Justice Criminalist Lab tested the diaper. The results of that test will be presented later in the trial.

Part of the results from the Department of Justice will not be presented in trial. Both the People and the Defense agreed to the findings of a portion of the swabs taken of Mr. Ganthner. These swabs were tested by Jonathan Sewell and no evidence of semen was found. This process of agreeing is known as “stipulation.” When evidence or facts are stipulated to, those facts will not be challenged by either side. Judge Mock’s statements about the stipulation hinted there may be additional swab results presented by a future witness.

Because Mr. Sewell did not testify on Thursday, the trial ended early. Testimony will resume on Monday, March 25 at 9 a.m.

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