San Jose man found guilty of molesting Morgan Hill girl

Wallace Carmalt

Wallace Carmalt was found guilty Tuesday of one of 19 counts
accusing him of sexually assaulting a Morgan Hill girl when she was
between the ages of 9 and 13, authorities said.
Wallace Carmalt was found guilty Tuesday of one of 19 counts accusing him of sexually assaulting a Morgan Hill girl when she was between the ages of 9 and 13, authorities said.

Carmalt, 48 of San Jose, was convicted on one count of lewd and lascivious conduct toward a child younger than 14, by use of force, violence, duress, menace or fear, Santa Clara County deputy district attorney Stuart Scott said.

The jury trial took place last week in a San Jose courtroom, though the incidents Carmalt was accused of happened in Morgan Hill during a five-year period, authorities said. The jury deliberated most of the day Monday and Tuesday before reaching the verdict.

Carmalt, who represented himself in court, was on trial for 19 counts against the same victim, Scott said.

The jury was hung on the remaining counts, which included six charges of felony child rape that carried a maximum sentence of five life terms, Scott said. The other 13 charges were for lewd and lascivious conduct toward a child younger than 14.

Only one of the 12 jurors disagreed Carmalt was not guilty of the remaining charges, Scott said.

Carmalt now faces a maximum sentence of 12 years in prison for Tuesday’s conviction on the single charge, but the D.A.’s office plans to retry him on the original list of counts, Scott said.

“This guy is a danger to children and we do not want him out of custody,” Scott said.

The victim, who is now 20, reported the series of sexual assaults to police July 20, 2010. She was living with Carmalt in Morgan Hill at the time of the ongoing offenses that occurred for several years, starting about 10 years ago. Police said Carmalt was a friend of the victim’s family.

The jury trial that took place last week in the county courthouse in San Jose was unusual because Carmalt represented himself, Scott said.

“That’s very uncommon. He gets to ask the victim questions,” Scott said.

The victim testified “real well,” helping prosecutors build a strong case against Carmalt, Scott added.

Prosecutors plan to request another trial on the other 18 counts at a hearing Aug. 10 in San Jose.

Carmalt’s sentence on the single count he was convicted of Tuesday will not be determined until after a re-trial is set or rejected on the remaining charges, Scott said.

He has been in custody since his arrest July 2010.

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