WATERLOO, Iowa --- A Waterloo man faces up to 35 years in prison after jurors found him guilty of molesting a girl over a number of years.

"There's your death sentence," David Michael Powers, 66, told family and friends in the courtroom after a Black Hawk County jury convicted him of second- and third-degree sexual abuse Tuesday.

Following the verdict, a sheriff's deputy lead Powers, who had been free on bond, to jail to await sentencing, which will be at a later date.

Assistant County Attorney Linda Fangman said Powers began abusing the girl in 2002 when she was 7, and the incidents continued until she was 13.

Authorities became involved when the girl told a classmate in May 2009, and the classmate urged her to go to a school counselor.

Defense attorney Kevin Engels said the girl concocted the story because she was mad at Powers for threatening to tell her parents she was talking to boys. He said details of the allegations changed when she retold he story.

Jurors began deliberations shortly after noon on Monday. They returned to the courthouse Tuesday morning and announced they had reached a verdict at noon.

 

EARLIER STORY

WATERLOO, Iowa --- The attorney for a Waterloo man accused of abusing a girl over a number of years said details of the crime can't be true because his client suffers from erectile dysfunction.

David Michael Powers, 66, is charged with second- and third-degree sexual abuse. Defense witnesses testified that Powers's heart operation in 1997 --- compounded by diabetes and vascular disease --- made it "highly unlikely" he would be able to obtain an erection.

"This might be the one time in a guy's life that he's glad he has erectile dysfunction," defense attorney Kevin Engels said Monday during closing arguments. "It couldn't have happened."

Assistant County Attorney Linda Fangman countered that the medical condition wouldn't have precluded other sexual acts, which are the basis of the allegations.

The prosecution alleges Powers began abusing the girl when she was 7 years old and continued until she turned 13 and told him to stop. Authorities learned of the allegations in May 2009 after the girl told a friend.

Fangman said the girl had nothing to gain by making up the story, noting she told a school counselor, social service worker and attorneys in depositions before taking the stand at trial.

Engels said the girl changed her story as she retold it and tried to get her younger brother to make up allegations about Powers. He said she was upset with Powers because he was going to tell her parents about her talking with boys.

(9) comments

TheMayor

So the Courier withholds the names of alleged victims due to privacy, but here they are running a front-page story about how this guy can't get an erection? That doesn't make much sense. If the guy is not guilty, as we have to assume he is as of now, you've just provided his name, photo, and some very personal information about his sexual life. How very professional of you!

mother3

Sorry Mayor, he's been found guilty. And just so you know once you've chosen to plead not guilty and request a trial by a jury of your peers, what is said in court is public knowledge. To have pled guilty might have been quite a different situation.
And furthermore, sexual abuse is no longer limited to penetration only.
This isn't a hospital with HIPPA laws, it is a court of law and he broke some pretty basic rules.

TheMayor

mother, you seem to think I was questioning what is legal. I never was. I was questioning what the Courier chooses to do. Keep in mind it is also perfectly legal to report the names of victims of alleged sex crimes.

Also, he was yet to be convicted in the earlier article that I replied to.

innocent

the sad thing is dave is innocent. we all know that innocent people often get convicted. This is one very sad case that this has happened. So much more should have been brought out in court. And did you know that the prosecuting attorney can lie during her summation? I heard it with my own ears.

innocent

the sad thing is dave is innocent. we all know that innocent people can get convicted. Dave is one of them. And did you know that the prosecuting attorney can lie in court? She did during summation and I heard it and was shocked that she was allowed to do this. And this was the last things the jury heard. And they don't get copies of the real testimony during deliberation

shiagirl

Great job to the 12 jurors and Linda Fangman for putting a innocent man in jail for the rest of his life.You changed many lives this day. My son will not have his grandfather at his graduation due to greedy people that had no clue. This was a menace to what we are trying to teach our children. To believe in our system.

innocent

this is a man who has been wrongfully accused. he is someone who has done nothing but help people. from friends he has known all his life to perfect strangers. he has never done anything to hurt anyone. it was a very sad and unjustifiable thing that they did to him. the 12 jurors should be ashamed that they allowed themselves to be manipulated like that.

NoSeriously

A child's life is ruined because of this man. I believe he's guilty because I don't believe that any child or family of a child would want to make up such a discusting, life changing story. This child has had to go through hell to get thim man to pay for what he did. What did she have to gain from lying? I wish her the best, and I hope she can overcome the horrible things he has done and lead a normal, productive, UNDAMAGED life.

NoSeriously

I think it's also important for those who can't believe someone would do something so awful as this to realize that someone can be good and true on the outside and a monster behind closed doors. I think we are all a little different in private. We all have skeletons in our closet. For this man, he liked to touch little girls. He probably made up for his guilt by being so nice to others. Or maybe he has no guilt. People murder, rob, assult and molest people everyday who have advocates that would say "oh they would never do such a thing", but it happens. Face it. The justice system prevails again.

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