The Herald Bulletin

October 15, 2013

Trial begins for man accused of assaulting daughter in 2011

By Jack Molitor
The Herald Bulletin

---- — ANDERSON — A trial for a man accused of attacking his daughter in 2011 started on Tuesday.

David E. Arnold, 46, faces charges of criminal confinement, battery and interference with reporting a crime for an incident with his daughter in 2011.

According to the probable cause affidavit of the incident, on Sept. 13, 2011, the woman reported to police that she and Arnold got in a heated argument early that morning after she returned to her home in the 900 block of Ellenhurst Drive, Anderson.

According to court conversations, she offered Arnold a place to stay because he had recently been released from jail. The previous night, she went out drinking with friends, then returned to the home to find Arnold having sex with a girlfriend. The daughter got upset and asked Arnold to leave.

She told police that Arnold refused to leave the home after she asked him, and when she told him she would call the police, he got violent.

She reported that Arnold pushed her onto a couch, tried to take her cellphone and kept her pinned down for about 10 minutes. Based on pictures circulated in court, the incident left her with bruises on her arms.

However, at trial on Tuesday, the daughter changed her story. According to deputy prosecutor Bob Summerfield, she was shown the video interview she had with police shortly after the incident to help refresh her memory. But on the witness stand, she denied remembering anything from that night, continually saying, "I don't know," and explaining that she was drunk that night.

"Why can't you just let us move on from all this," she said during questioning on the witness stand.

Attorney Zaki Ali, who is representing Arnold on this case, asked the woman if she had received the bruises from jumping on the hood of Arnold's truck during the incident. She replied that she didn't know.

Summerfield asked Judge David Happe for the victim's video interview with police to be entered into evidence to show the jurors, but Ali objected, saying the interview was hearsay because the account wasn't given under sworn oath. Happe closed the record, indicating the decision of whether to show the video will be decided today.

Happe also indicated the trial will likely conclude today.

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