Trial Begins for UWRF Professor Accused of Sexual Assault of a Child

"What began as an $8 nap became a costly nightmare,” Thomas Barnett’s defense attorney told a jury during opening arguments of the UWRF Professor’s criminal sexual conduct trial.

Barnett is accused of sexually assaulting a 13-year-old girl he saw engaging in sexual activity with her 14-year-old boyfriend at the on . He has maintained his innocence.

A jury trial into the matter got underway Wednesday afternoon at the St. Croix County Government Center.

Defense Attorney Tim O’Brien told the jury of eight men and five women that after a long roadtrip, Barnett brought his son and his son's friend to see a movie. Barnett chatted pleasantly with the ticket seller—who was a past student of his—and sat next to the two boys as they watched the movie.

During the movie Barnett dozed off a couple of times and woke to notice a couple making out and later engaging in sexual activity in the row behind them, O’Brien told the jury. After the movie, he confronted them by asking what their parents would think if they knew about this and how they would feel if theatre surveillance video was posted on the Internet.

During his 20-minute statement, O'Brien reminded jurors that the girl and boy both lied to police and in court about what they were doing, and only told the truth when it was clear the boyfriend's DNA would be collected.

Prosecution Opening Statement

But the prosecution painted a different picture Wednesday during St. Croix County Assistant District Attorney Frank Collins opening statement.

After the movie Barnett approached the teen couple, identified himself as theatre security and told the boy to leave the auditorium while he spoke with the girl. Barnett prevented the girl from leaving the auditorium and touched her breast and genitals, Collins told the jury.

The teens initially lied about their sexual activity, Collins said to the jurors; adding that evidence collected by police tested positive for the boy's DNA and .

Witnesses Testify

The first four witnesses in the trial were three theatre employees and a 16-year-old girl who was at the theatre on the evening of Aug. 16.

Three of the four witnesses were at the theatre that night and told the jurors they recognized Barnett as being a member of the Baldwin community or a member of the university community in River Falls. 

The witnesses each detailed what they saw starting when Barnett first purchased tickets—and carried on a two-minute conversation with the clerk—to recognizing him in the concession area before the movie and seeing him in the theatre during and after the movie.

The witnesses told the jurors they saw Barnett's son and his friend waiting in the lobby for several minutes while Barnett was talking with a girl inside the auditorium after the movie. The witnesses also testified that they saw a boy standing outside the auditorium just before leaving.

One employee also testified about the conversation she had at the ticket booth with a boy who asked about a security guard and surveillance cameras inside the auditorium.

Witnesses also testified about talking with the teen girl who said she had been harassed and called the police.

During cross-examination, the witnesses said they didn't actually see any physical contact between the man and the girl. The witnesses also testified that none of the girl's clothing appeared to be rumpled, and several minutes had passed before the girl told them that the man had touched her.

Accuser Gives Account

At about 3:30 p.m., the alleged victim took the stand and gave her account of what occurred that evening. 

According to the now 14-year-old girl, Barnett gestured toward her and her boyfriend to approach after the movie ended, and he spoke with just the boy for a few minutes. Then the boy told her that Barnett was with security and it was OK to answer his questions.

After the boy left the auditorium, the girl testified that Barnett put his hand on her shoulder and spoke with her about teen pregnancy and sex in movie theatres.

The girl said Barnett then asked her if she had ever had sex or given oral sex and began touching her left breast under her shirt. He tightened his grip on her shoulder as she tried to back away, and he touched her genitals by placing his hand up a leg of her shorts, she testified.

At one point in the testimony, Collins asked whether there was any talk of how old she was, and she said no.

But Collins gave her a copy of a previous written statement she had provided to police that included passages about age. She then revised her testimony to say that before he touched her, the man said "What are you, 15-16?"

During cross-examination, O'Brien attempted to reveal several inconsistencies among her accounts to police officers, a sexual assault response team (SART) nurse, a detective and previous court appearances.

Among those inconsistencies were sexual history, the timing of sent and received text messages, how the man's hand entered and left her shorts, the timing of when theatre employees were told to contact authorities, the orientation of her body in relation to Barnett's and why her shirt had not been submitted to the SART nurse. 

Still to Come

The trial is scheduled to continue into Friday and the jury will likely hear from the alleged victim's then-boyfriend, the alleged victim's father, members of the , a DNA testing expert, the defendant's wife, the defendant's son and others, possibly including Barnett himself.

"It appears the jury is very attentive," O'Brien said after the day's proceedings. "Dr. Barnett looks forward to the remaining testimony."

Jurors are tasked with deciding whether Barnett is guilty of charges of sexual assault of a child and/or false imprisonment.