Both sides spent a majority of Tuesday selecting a jury for the trial of Joseph Lee Garner. Garner, who is accused of exposing himself to a minor in October 2010, sat stoically between his lawyers as the jury was seated and opening statements were made Tuesday afternoon.
Garner was indicted on three counts of indecency with a child by exposure, a third-degree felony, after being arrested last year. Garner is on trial for an incident that occurred Oct. 27, 2010, when he allegedly exposed himself to a 10-year-old girl in the 500 block of Post Oak Street in Dublin.
In his opening statement, Erath County District Attorney Alan Nash told jurors this was a straight forward case in which he would prove the defendant was seen by an eyewitness with his pants down, exposing and touching himself. Nash said the witness, pseudonym Skyler Reed, has no reason to lie.
Defense attorney Blake Thompson said in opening statements there is no way to be in two places at once and they will prove Garner was not on Post Oak Street on that date.
Thompson said Garner did not even leave his job at ABF Packing in Stephenville until 18 minutes before the call was made to the Dublin Police Department to report the incident.
After opening statements, Reed was called to the stand. She was 10 at the time of the incident and in the sixth grade. Reed, now 13, said she was outside playing with her siblings, two sisters and a brother. She said her mother was inside cooking and came out to check on them.
On the day of the incident, Reed said she saw a car pull up and park down the street when she was speaking with her mother outside. As soon as her mother went inside, Reed said a green Ford Thunderbird pulled up in front of their home and she saw a man inside watching her.
"I looked up and saw him and we made eye contact," Reed told the court. "When I noticed him I got scared and made my sisters and brother go inside."
She said when she looked back at the man in the car, she noticed his pants were down and he was motioning for her to come to the vehicle while he touched himself. Reed told the court she ran inside and told her mother, who called police. She said her mother ran back outside and she followed, but the man in the car had already left.
She said she had never seen the man before, but recognized him in court.
The trial will resume at 9 a.m. today.