LUFKIN, TX (KTRE) - By Morgan Thomas - email
LUFKIN, TX (KTRE) - A second trial for a Lufkin man accused of sexually assaulting a minor began Tuesday.
The first trial for Marquis Stewart, ended in a mistrial after a jury could not agree on a verdict.
Stewart is formally charged with continual sexual assault of a child.
Prosecuting Attorney Tony Latino said Tuesday in opening arguments that the victim's father allowed Stewart to sleep on the family's couch. Latino said Stewart had sex with the alleged victim more than once and threatened her if she told anyone in the family.
Stewart's attorney, John Tunnel, said nobody saw or heard of the incidents and that a sexual exam on the alleged victim showed no damage to her.
Tunnel said because Stewart is mentally retarded, he confessed to the crime during rapid-fire questioning from detectives.