Day One: Schwartzmiller Doesn’t Self-Destruct

One of the most impressive things about today’s opening arguments in the Dean Schwartzmiller trial is that the defendant, representing himself on molestation charges, wasn’t flat-out terrible.

Sure, his remarks to the jury weren’t as tight and refined as the prosecutor’s, but it’s obvious Schwartzmiller knows a thing or two about the law and isn’t about to go down without a fight.

(This could end up becoming one of the longest three weeks in Santa Clara Deputy DA Steven Fein’s life.)

Schwartzmiller laid out the facts; talked in cool, conversational tones; made eye contact with the jurors and then, like a good defense attorney should, repeatedly denied any and all allegations against him.

In a voice much louder and clearer than the one he used during earlier court hearings, Schwartzmiller told jurors that the charges he was facing were “ludicrous” and the evidence authorities have against him “doesn’t add up.” He abruptly dismissed the public defender assigned to his case last month. 

 “Let’s put this into a common-sense prospective, ladies and gentlemen,” Schwartzmiller said. “It is fiction that these boys would come to me for sex. It is fiction that they would come to me for more sex.”

Schwartzmiller is said to be one of the country’s most prolific child molesters, having been arrested on more than 80 counts of molestation in five states. When police arrested him last year for allegedly molesting two San Jose cousins, officers reportedly found a journal documenting Schwartzmiller’s sex crimes against young boys, according to prosecutors.

During his opening statement to jurors, Fein made a point of reading out the names of each journal chapter: “In the Beginning There Were Boys, Boys, Boys;” “Brothers I Had Sex With;” “The Boys of Boise;” “California Dreamin’” and a whole bunch more that we just ain’t writing here.

Schwartzmiller was quick to counter that he’d add a disclaimer at the beginning of his journal that Fein neglected to point out: “This is a work of fiction.”

 “The last time I looked,” the defendant said, “it was not unlawful to fantasize about anything n the United States of America.”     

The journal makes “a nice story, but it has nothing to do with why we are here,” Schwartzmiller said. This trial is about the allegations of two San Jose boys, not past indiscretions.   

And in regards to the case at hand: “I did not – did not – molest these kids,” he said. “There is no … evidence pointing to my guilt.”   

Julie O’Shea


One Response to “Day One: Schwartzmiller Doesn’t Self-Destruct”

  1. Schwartzmiller May Be Too Cool For Own Good « Legal Pad Says:

    […] The jury trial of accused child molester Dean Schwartzmiller just wrapped its first week, and there has been no shortage of crass, bizarre, uncomfortable, pornographic moments scattered throughout the last five days. […]

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