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Testimony Continues In School Volunteer Sex Trial

Man Accused Of Fondling Autistic Boy

POSTED: 3:54 pm EST December 14, 2004
UPDATED: 6:09 pm EST December 14, 2004

Testimony continued Tuesday in the trial of a Broward County school volunteer accused of inappropriately touching an autistic boy.

Dan Donahue is a convicted sex offender in California. He's now accused of fondling a 6-year-old Fort Lauderdale boy.

Slideshow: Man Accused Of Fondling Autistic Boy

Police say the abuse happened in 1997 while Donahue was a volunteer at Virginia Shuman Young Elementary School.

In court Tuesday, Donahue took the stand and testified in his own defense, despite his attorney's advice against it.

"I never fondled him or had any thoughts or desires of fondling him," Donahue said.

But Donahue's testimony gave the prosecution a chance to attack his motive for volunteering at the elementary school.

"I thought I would have something to offer the children," he said.

The prosecution also called two adults to the stand who Donahue was convicted of abusing in California when they were boys.

Donahue said he pleaded guilty to the California charges to spare the boys the pain of going through a trial. He said he isn't doing that this time because he's innocent.

In court Monday, the autistic boy, who is now 14, testified that Donahue had touched his genitals. He also pointed to Donahue when asked to identify the man who touched him.

The boy's mother also testified that her son told Donahue not to touch him.

"He said, 'Mr. Dan, get your hands off my peepee,'" the mother said.

But the boy's autism is making it hard for the jury to understand what happened. When questioned by a defense attorney, the teen changed his story.

"You don't know anything that happened to you when you were 6, do you?" the attorney asked.
"No," he replied.
"And the only reason why you're saying the things happened was because your mom told you the things happened right?"
"Yeah."

The state is relying on witness testimony and Donahue's history to get a conviction. A key witness is Sandra Young, a teacher's aide who says she saw Donahue touch the boy's thigh and heard him say the same thing he told his mother -- "Mr. Dan, get your hands off my peepee."

"What I heard and what I saw is what happened," Young said.

The case could go to the jury Wednesday. After this trial concludes, Donahue will face two more trials involving the alleged molestation of two other Broward County children.

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