LUFKIN, TX (KTRE) - The Texas Court of Criminal Appeals has refused a request to review the case of the 57-year-old Lufkin man who was convicted of sexually assaulting a then-14-year-old girl after he had her drink and smoke drugs with him.
In Albert Charles Haley's petition for discretionary review, it states the district court of appeals erred by concluding that the jury could have found beyond a reasonable doubt that he committed the offense, due to their being no physical evidence in the SANE exam of trauma.
According to Texas Court of Criminal Appeals records, the court refused Haley's petition for discretionary review.
The sexual assault occurred in February 2012. It took less than an hour for the jurors in an Angelina district court to decide Albert Charles Haley's fate on Nov. 30, 2012. Haley was convicted in the 217th Judicial District Court on two second-degree felony charges of sexual assault of a child Thursday. He received a life sentence for each charge.
"Consider the nature of the crime and how much more horrific it could have been," prosecutor Layne Thompson said during his closing arguments. "It's horrible; it turns my stomach. It is evil. It is selfish. It is sick."
According to Angelina County jail records, Haley was previously convicted of several felony charges including aggravated robbery and aggravated assault with a deadly weapon.
During Wednesday's testimony, the victim, who is now 15, gave graphic testimony of what happened on Feb. 16. At the time of the sexual assault, her mother and stepfather both worked the night shift. They were paying Haley to watch the victim and her three younger sisters.
On Feb. 16, the victim was left at home with Haley and two toddlers because her younger sister went to a Valentine's Day Dance at Lufkin Middle School.
The girl told jurors that after Haley had her drink two cups of beer, he told her to smoke a pipe with drugs in it. He told her that it would relieve cramps and stress. Then he told her told come into the bedroom with him.
During her testimony, the victim said she was dazed and disoriented when Haley laid her on the bed, took off her pants, and performed oral sex on her. In addition, he sexually assault her. Then Haley allegedly told her she could take a shower and said she should act normal when her sister returned from the dance.
The victim testified that she told a friend and her sister about the sexual assault, but didn't tell any adults because she was afraid that no one would believe her.
Later in Wednesday's testimony, the victim's sister said that when she returned home from the dance, her sister wasn't acting like herself.
"She just stared into space and went to bed early," the victim's sister said.
Lufkin Police officers arrested Haley at a house in the 800 block of South First St. in April, 2012. According to the arrest affidavit, the victim told counselors at Harold's House, a victim's advocacy center that Haley had performed two sexual acts on her when she was 14.