VANGUARD COURT WATCH: Man on Trial For Alleged Sexual Abuse of Disabled Woman

By Catherine McKnight

Testimony was heard on Wednesday from the alleged victim in the sexual abuse case of People v. Vukodinovich.

The trial began Tuesday morning in Judge Stephen Mock’s courtroom and is expected to be a two- to three-week jury trial.

Before the alleged victim in this case took the stand, the court heard from a married couple that grew up in Winters. Dawn Barrera was called to the stand and has known of the victim in this case for over 30 years. On direct, she described the victim in this case as a special needs adult.

Mrs. Barrera said that she and her husband would take daily walks because her husband had lower back surgery and needed to do walks as a part of his rehabilitation. They often passed what she referred to as the “YES” van, which transported the alleged victim to her work Monday through Friday.

Mrs. Barrera then described the first strange incident she and her husband had witnessed inside the van. She said that the driver was slumped over the steering wheel and that the victim was standing over him.

Deputy District Attorney Alvina Tzang showed her a photo of the van to verify it was the same one she had seen.

She went on to say that the victim was rubbing the shoulders of the driver, Tom Vukodinovich. Mrs. Barrera saw this same event on several occasions in June of 2012. She said that it was always the same driver and she described him as an older gentleman with grey hair and glasses. She said that she notified the victim’s niece in early August, but had seen this encounter with the victim and the driver at least fifteen times.

Ms. Tzang asked about the demeanor of the alleged victim during the times they would see her in the van on their daily walk. Mrs. Barrera said that she always seemed normal, never had a troubled or alarmed look on her face, and that the driver, the defendant, would hardly move.

On cross-examination, Deputy Public Defender Lisa Lance made sure that the alleged victim never appeared to be startled or nervous when the couple would see her. The witness was excused and her husband, Aurelio Barrera, was called to the stand.

Mr. Barrera described the “YES” van parked on Main Street in Winters and the first time he noticed the driver hunching over the steering wheel. He said he knows the alleged victim because he went to school with her sister. He said there was another incident where the victim was kneeling down in between the passenger seat and the driver’s seat with her hand on his thigh and she was rubbing his shoulder with the other hand.

On cross, Ms. Lance asked him if he had ever seen the driver touching the alleged victim and he responded that he had not. She also made it clear that he could have stopped whatever was going on if it seemed more significant or harmful to the victim.

The victim, who is a special needs adult woman, was called to the stand. On cross, the court learned that she works at Walgreens and gets there with transportation from what she called her bus. She said she usually sits in the front seat. Prosecution showed her a picture of the driver, Tom, and she recognized him, saying that she “likes him a little, but not a lot.”

Ms. Tzang talked with her about whether or not she understands what sex is. She gave several descriptions to what she believed sex to be. Prosecution showed her play dolls so that she could point out where the genitals are located with both male and female dolls.

They moved on to talk about her interactions with the defendant, Mr. Vukodinovich. The alleged victim talked about one time when she was on the floor in between the passenger and driver seat. She said that Tom took off her clothes but she did not want him to. Ms. Tzang had her describe other instances, such as alleged penetration by the defendant’s fingers.

Ms. Tzang wanted to know how often this type of activity would occur and she had consistent answers, such as “Monday, Thursday, Friday.”

The alleged victim said that one time Mr. Vukodinovich had also given her a hickey on her neck. There were several descriptions that the alleged victim gave that will not be given in detail, but were about other intimate situations between the defendant and herself, including sexual relations inside her home.

The alleged victim said that the times that the defendant went into her house everyone else was either at work or at school.

On cross, Ms. Lance wanted to know how many times she had told her story about what had happened and whether or not it was before the defendant’s heart attack. She brought up a sensitive subject for the alleged victim when she asked if the alleged victim had asked Mr. Vukodinovich to marry her one time. She said “yes,” and then also agreed when Ms. Lance brought up a time she had said she wanted a house of her own and wanted to cook for her husband.

There was also a time when the defendant told the alleged victim, “I’m too old for you.” Ms. Lance wanted to know more about the times when her client went inside her house. She described a time when they allegedly had sex but the defendant’s penis was described as “soft and small.” She also said that it did not go into her vagina because it was too soft.

Ms. Lance changed the subject to talk about an operation the alleged victim had to prevent pregnancy. Defense asked whether or not she had told Mr. Vukodinovich not to tell her sister about what was going on with them, and she said yes. The alleged victim also gave the defendant several gifts, such as pictures of her father and nephew, and a Snoopy Dog stuffed animal.

There were also instances when the defendant would have to ask the alleged victim to get back into her seat when he was driving the van.

On re-direct, Ms. Tzang was trying to show that Ms. Lance’s questions were leading and that the alleged victim did not really understand what she was being asked. Ms. Tzang asked her whether or not she wanted to have sex with the defendant and she replied saying, “a little bit but not a lot.” She said she wanted to kiss when she wanted to “have sex” with him.

Throughout her testimony, she would say “No Tom, no more,” and similar versions of that. Ultimately, defense showed on cross-examination that the alleged victim “liked Tom” but “not a lot,” and she also admitted that she wanted his affection. She also admitted to getting out of her seat to rub the driver’s shoulders because she wanted to.

The jury trial will resume Thursday morning and will continue through next week.

Man Accused of Attempted Arson

By Tecali Aguilar

Frank Blankenship stands trial on 5 counts: Aiding in arson, threatening to commit a crime, abuse of an elder, possession of a firearm, and resisting or obstructing arrest. Frank threatened to burn down his own house, with his immobile elderly mom sitting at her favorite chair watching him throw gas cans in the living room.

This case began Monday, with the first witness taking the stand on Tuesday. As the trial went on, it became a family matter. Not only did his mother testify against him, but also his brother and youngest niece.

His mother was the first to take the stand, due to her being an eyewitness to the crime. She stated that she had never seen him act this way. The two had lived together since her husband died. He has driven her around town and taken care of the house.

His mother advised him to come inside due to the noise he was causing. This ignited a rage. There was evidence he had been drinking, which possibly elevated his mood swing.

She called the police when he came in after making all the noise. She said, “he had the devil in his eyes.” This statement derives her possible reason for testifying against her son.

Frank proceeded to curse and threaten his mom, because she called the police. He then brought in gas cans and allegedly tried to light them on fire.

His brother Russell testified next. He arrived the morning after. He states, “The whole place reeked of gas.” He admitted his mom is getting forgetful, which was apparent when she couldn’t remember the officer who interviewed her.

The case took a turn during this interview. Russell’s attention was diverted to a gun that was passed down to him, which Frank allegedly stole. Emotions began to surface and an internal struggle for assets in the the mother’s will became apparent. This creates a bias and potential motive for pressing charges.

A firefighter took the stand last. His testimony proved that no physical harm was caused by any of the actions. The smell was easy to remove and did not require their standard chemical odor remover normally used in fires.

A whole family was put on trial during this case. The two heirs to this family are at odds with each other. The tension is obvious. Ms. Blankenship stated, “He seriously needs help.”

So now the question is, was it attempted arson or just a cry for help?