Scratch the syringe defense off of the list of viable innocence claims.
A Douglas County jury took just 90 minutes to convict an Omaha foster father of two counts of first-degree sexual assault of a child.
The verdict was announced Friday morning.
The jury of six men and six women rejected Brandon Weathers’ argument that he impregnated his 13-year-old foster daughter with a syringe because she wanted to be pregnant.
The 13-year-old girl testified this week that she and Weathers had sex several times. The sex resulted in a pregnancy that ended in a miscarriage.
Under state law, it is illegal for anyone 19 or older to have sex with anyone 15 or younger.
The girl was 13. Weathers was 38.
Weathers faces 15 years to life in prison on each of two counts: that Weathers had sex with the girl in his home and after HHS officials removed her from his home.
Sentencing is scheduled for Feb. 17.
The quick verdict followed a wild trial in which Weathers represented himself.
-- The 13-year-old girl, who never knew her birth father, admitted that she wanted to get pregnant by Weathers — further sign that she was under Weathers’ spell, prosecutors say.
-- She repeatedly texted Weathers: “I want to be president of the United States.” That statement was her code words for “I want to be pregnant,” she testified.
-- She even once sent Weathers a side-profile photo of herself with a basketball slid under her shirt, asking Weathers how she looked.
-- She got pregnant by Weathers, then had a miscarriage. Fetal tissue tests indicated the presence of two people’s DNA: the girl’s and Weathers.
-- After the miscarriage, the 13-year-old had to undergo a procedure to remove the fetal tissue from her uterus. Her doctor testified to the extent of that procedure — which required the girl to undergo general anesthesia.
But Weathers, representing himself, wasn’t concerned with the procedure that was done on the child. Instead, he asked the gynecologist: “What is the average penis size?”
Taken aback, the gynecologist essentially told Weathers she works with vaginas, not penises.
He then asked the gynecologist several questions about how many sperm males produce.
“It only takes one,” the doctor responded.
“No further questions,” Weathers said.
That wasn’t the end of the nonsense.
Weathers took the stand Thursday and described how he and the girl used the syringe to get her pregnant. How he looked at a calendar to determine her fertility cycle.
Weathers detailed how he purportedly masturbated, filled a syringe and handed it over to the 13-year-old girl so she could insert it and get pregnant.
He said she inserted the syringe several times. On two occasions, he said, it happened while the two were at the In ‘N Out car wash on Sorensen Parkway.
“She wanted to get pregnant that bad,” Weathers testified.
All nonsense aside, the case was as sad and as bad as prosecutors say they have seen. A girl with no lasting family in her life. She was removed from her birth mother’s home. A new woman then adopted her and her sister.
But the girl was removed from that home after the woman was found to have been abusive. She then bounced from foster home to foster home.
The first father figure in her life was Weathers. He texted her, tickled her, touched her and raped her within seven weeks of her arrival.
She was enchanted with him — and, shortly after her first menstrual cycle, declared that she wanted to have a baby.
It doesn’t get much more devastating than that, prosecutor Brenda Beadle said.
Beadle asked jurors to dispense with Weathers’ syringe theory, to “put an end to this mockery.”
“What the defendant did to this vulnerable, young, sweet girl is reprehensible,” Beadle said.
Contact the writer: 402-444-1275, email@example.com