On Wednesday, June 23, 2021, after three years of waiting for his day in court, by a unanimous verdict, Francisco Arrellano was found “Not Guilty” of Aggravated Sexual Assault of a Child. Such a charge carries a range of punishment of 25 years to life in prison with no opportunity for parole.
The Kendall District Attorney’s Office, asserted that Arrellano committed the act of sexual abuse while Arellano was sharing a home with his wife, adult daughter, and five grandchildren. The complainant testified that he asserted the allegation against Arrellano, his babysitter’s father, 10 years after the alleged incident. His younger brother also testified as a witness. Memory issues were claimed as the reason for the delay in making the allegation.
Arrellano was defended by San Antonio attorneys Stephen C. Barrera and Brian Powers. During the trial, Barrera highlighted shortfalls in the law enforcement investigation and instructed the jury that it would be impossible to find Arellano guilty of any crime. Detectives failed to interview material witnesses, including occupants of the residence where the acts were alleged to have occurred. These occupants included a babysitter, other children in the home at the time of the alleged incident, as well as other family members and neighbors. Prominent members of the community testified in support of Arrellano’s character for peace and responsibility around children.
During closing arguments, Arellano’s many family members and friends sat in support of Arellano. In response to the State’s focus on the credibility of the complainant and minimization of the inconsistencies heard from the witnesses, Arrellano’s defense asserted that such weak evidence could not substantiate a finding of guilt. The jury deliberated for two hours and returned a verdict of “Not Guilty”.