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CA, Modesto, "he said, she said" massage case goes to trial

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Mark Fenster

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May 15, 2004, 8:59:56 PM5/15/04
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CA, Modesto, "he said, she said" massage case goes to trial

By SUSAN HERENDEEN
[Modesto]BEE STAFF WRITER
Last Updated: May 15, 2004, 06:15:12 AM PDT

The case against Brian Kenneth Jones is a classic example of "he said,
she said," with a man's freedom and livelihood hanging in the balance.

Jones, a deep-tissue massage therapist in Modesto since 1993, is
facing two counts of sexual battery because a former client accused
him of touching her inappropriately on two occasions.

His trial is expected to begin Monday and last six to eight days.

Defense attorney Mary Lynn Belsher has lined up 45 witnesses -- former
clients, family and friends -- to attest to Jones' professionalism and
knowledge about the human body.

She said 47-year-old Jones, who pleaded not guilty, is the victim of a
police vendetta and a confused accuser.

"Why would a man risk his life, his business, his reputation?" Belsher
said. "He has a beautiful wife and a baby boy."

Deputy District Attorney Nate Baker said he could not comment on the
evidence, but noted that prosecutors may not go forward with a case
unless they believe they can convince a jury of guilt beyond a
reasonable doubt.

If convicted, Jones could face up to four years in jail, plus a
$10,000 fine, for each charge.

The allegations were lodged by a University of the Pacific student who
told police Jones touched her inappropriately on April 3, 2003, and
April 21, 2003.

The investigating officer recommended misdemeanor charges, but
prosecutors filed felony counts.

Baker said the officer was not aware of a new law that elevates sexual
battery to a felony if inappropriate touching is committed by a
therapist or doctor during the course of treatment.

Jones owned and operated Knead Therapy at 1411 Standiford Ave.

The accuser, who was 20 at the time of the alleged incidents, was the
only witness during a preliminary hearing in November, according to a
court transcript. She had been a client of Jones' for five years.

In court testimony, she said the first incident occurred after she
complained that her pectoral area was sore from weight lifting.

She said she was uncomfortable when Jones massaged her breasts, but
did nothing because he said there are different types of breast
massage, perhaps to assure her that his actions were professional.

Woman said she ran out

She said the second incident was more troubling. She said Jones
touched her breast, stomach and vagina, then uttered a sexual
statement.

She said she got up, grabbed her clothes and ran out of the office
while he implored her to stay and discuss the matter like adults.

Next, she went to Vintage Faire Mall to meet her grandmother, mother
and sister. She told her sister about the incident, her sister told
her mother, her mother told her father, and both parents went with the
accuser to the Modesto Police Department.

An officer later came to her house to take her statement.

The police suspended Jones' massage license and operating permit on
April 25, 2003, four days after the second alleged incident. Jones was
arrested more than a month later, on June 13, 2003.

"They put this man out of business without any evidence and in total
violation of the law," said Belsher, who also suggested that the
alleged victim was asleep during the massage.

Jones, who is free on $25,000 bail, appealed the closure of his
business.

Two lawsuits filed

Three months later, administrative hearing officer Peter Cowles, the
city's acting director of transportation and engineering, concluded
that the police did not have the authority to shut down Knead Therapy
without holding a hearing.

The city relied on a law that says it is illegal for a masseuse to
expose himself or herself to a client. In his July 16, 2003, ruling,
Cowles noted that no such exposure is alleged in the complaint against
Jones.

Belsher said Jones currently holds a license to practice massage in
Modesto, but cannot operate his business with allegations of
wrongdoing hanging over his head.

"He lost everything he worked so hard for," she said.

Jones filed a lawsuit against the city of Modesto in U.S. District
Court in Fresno on April 23, saying the police relied on unproven
accusations to ruin a reputable business. He is seeking an unspecified
amount of damages.

The alleged victim is also suing. She filed a civil lawsuit in
Stanislaus County Superior Court, seeking damages from Jones.

Baker said the closure of Knead Therapy should not be considered at
Jones' criminal trial.

"It should have no relevance at all," he said. "That's a separate,
administrative matter."

Bee staff writer Susan Herendeen can be reached at 578-2338 or
shere...@modbee.com.

Bob

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May 15, 2004, 10:34:29 PM5/15/04
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Mark Fenster wrote:
> CA, Modesto, "he said, she said" massage case goes to trial
>
> By SUSAN HERENDEEN
> [Modesto]BEE STAFF WRITER
> Last Updated: May 15, 2004, 06:15:12 AM PDT
>
> The case against Brian Kenneth Jones is a classic example of "he said,
> she said," with a man's freedom and livelihood hanging in the balance.
>
> Jones, a deep-tissue massage therapist in Modesto since 1993, is
> facing two counts of sexual battery because a former client accused
> him of touching her inappropriately on two occasions.

A. Without any corroborating witness or evidence, the conflicting
testimony offsets. The case ought NEVER to come to an arrest or trial.

B. The alleged harm to the female from "inappropriately touching" is so
trivial that, other than anti-men hate, there is no crime even if the
female is telling the truth. At worst case, the "crime" is worth a $5
fine, or a refund of the massage fee.

C. Once again this case demonstrates that the government and criminal
persecution departments are avowed anti-men hate organizations who
disregard all common sense in their frothing at the mouth insane lust to
send men off to Auschwitz.

D. Once again it clearly demonstrates that any man who comes within
1,000 yards of any irrational hormone driven female is risking his life
and future.


> "Why would a man risk his life, his business, his reputation?" Belsher
> said. "He has a beautiful wife and a baby boy."

Why would a man risk his life, his business, his reputation, and
everything to come within 1,000 yards of a female?

Why would any man vote for any evil man-hating bigot running for office?
See the tag line.


> Deputy District Attorney Nate Baker said he could not comment on the
> evidence,

Why doesn't some MAN shoot Deputy District Attorney Nate Baker and put
him out of his misery? Disgusting filth like Baker don't deserve to live.

> If convicted, Jones could face up to four years in jail, plus a
> $10,000 fine, for each charge.

The proposed penalty is so far from the severity of the alleged "crime"
that no sane person could even comprehend the relationship.
Irrational feminist hate of men is what it's based on. NOT on justice.


> Baker said the officer was not aware of a new law that elevates sexual

Baker ought to be shot.

Bob

--

When did we divide into sides?

"As president, I will put American government and our legal system back
on the side of women." John Kerry, misandrist Democratic candidate for
President. http://www.johnkerry.com/issues/women/


[Bob does not advocate any illegal, seditious, or immoral acts. All
posts are for discussion, rhetorical, or humorous purposes only.]


PScan16416

unread,
May 16, 2004, 5:30:48 PM5/16/04
to
>"Why would a man risk his life, his business, his reputation?" Belsher
>said. "He has a beautiful wife and a baby boy."

So men with families and businesses don't commit crimes because they would be
in jeopardy of losing them? That statement is almost laughable.

Scorpi...@attnospam.net

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May 17, 2004, 2:38:07 PM5/17/04
to
On 15 May 2004 17:59:56 -0700, Fenster_2...@hotmail.com (Mark
Fenster) wrote:


If the guy did it, he should be punished, but I smell bullshit on this
one. I don't buy her story. I think she made it up and it went
farther then she thought it would.
--
"The most important thing is for us to find Osama bin Laden. It is our
number one priority and we will not rest until we find him."
~ George Bush Jr. 2001-09-13

"I don't know where he (bin Laden) is. I have no idea and I really
don't care. It's not that important. It's not our priority."
~ George Bush Jr. 2002-03-13

Bob

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May 17, 2004, 2:44:58 PM5/17/04
to
Scorpi...@attNOSPAM.net wrote:
> On 15 May 2004 17:59:56 -0700, Fenster_2...@hotmail.com (Mark
> Fenster) wrote:
>
>
> If the guy did it, he should be punished, but I smell bullshit on this
> one. I don't buy her story. I think she made it up and it went
> farther then she thought it would.

Nope. Even if he did what she claims, she was not hurt by it. A
reasonable punishment would be a $5 fine.

Massive punishment of men for trivial "crime" against women is psychotic
social hysteria.

Scorpi...@attnospam.net

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May 17, 2004, 4:44:00 PM5/17/04
to
On Mon, 17 May 2004 12:44:58 -0600, Bob <boby...@hotmail.com> wrote:

>Scorpi...@attNOSPAM.net wrote:
>> On 15 May 2004 17:59:56 -0700, Fenster_2...@hotmail.com
(Mark
>> Fenster) wrote:
>>
>>
>> If the guy did it, he should be punished, but I smell bullshit on
this
>> one. I don't buy her story. I think she made it up and it went
>> farther then she thought it would.
>
>Nope. Even if he did what she claims, she was not hurt by it. A
>reasonable punishment would be a $5 fine.
>
>Massive punishment of men for trivial "crime" against women is
psychotic
>social hysteria.
>
>Bob

Good thing your opinion doesn't matter.

PScan16416

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May 17, 2004, 6:45:42 PM5/17/04
to
>Nope. Even if he did what she claims, she was not hurt by it. A
>reasonable punishment would be a $5 fine.
>
>Massive punishment of men for trivial "crime" against women is psychotic
>social hysteria.
>

Oh, ok....what if was were a straight guy getting a message and it was a male
masseuse and he touched your balls and it was uninitiated, uninvited and
unwanted. Would you call it psychotic social hysteria if he didn't like it
and complained?

Bob

unread,
May 17, 2004, 8:39:23 PM5/17/04
to
Scorpi...@attNOSPAM.net wrote:
> On Mon, 17 May 2004 12:44:58 -0600, Bob <boby...@hotmail.com> wrote:
>
>
>>Scorpi...@attNOSPAM.net wrote:
>>
>>>On 15 May 2004 17:59:56 -0700, Fenster_2...@hotmail.com
>>
> (Mark
>
>>>Fenster) wrote:
>>>
>>>
>>>If the guy did it, he should be punished, but I smell bullshit on
>>
> this
>
>>>one. I don't buy her story. I think she made it up and it went
>>>farther then she thought it would.
>>
>>Nope. Even if he did what she claims, she was not hurt by it. A
>>reasonable punishment would be a $5 fine.
>>
>>Massive punishment of men for trivial "crime" against women is
>
> psychotic
>
>>social hysteria.
>>
>>Bob
>
>
> Good thing your opinion doesn't matter.

Good thing your hysterical anti-men hatred is rejected by sane people.

Alan R Williams

unread,
May 18, 2004, 7:10:55 AM5/18/04
to
pscan...@aol.com (PScan16416) writes:

> >Nope. Even if he did what she claims, she was not hurt by it. A
> >reasonable punishment would be a $5 fine.
> >
> >Massive punishment of men for trivial "crime" against women is psychotic
> >social hysteria.
> >
>
> Oh, ok....what if was were a straight guy getting a message and it was a male
> masseuse and he touched your balls and it was uninitiated, uninvited and
> unwanted.

The equivalent would be if a man went to a masseur complaining of a
groin strain and allegedly ran out when the masseur groped his balls.
He then claims he went back a second time when the masseur touched his
penis.

> Would you call it psychotic social hysteria if he didn't like it
> and complained?

Would you believe a man who said he went back a second time to be
groped again?

OK yes you would because there are massage parlors like that :-)

Alan

--
Alan Williams, Room IT301, Department of Computer Science,
University of Manchester, Oxford Road, Manchester, M13 9PL, U.K.
Tel: +44 161 275 6270 Fax: +44 161 275 6280

Mark Fenster

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May 20, 2004, 9:54:41 PM5/20/04
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Alan R Williams <ala...@cs.man.ac.uk> wrote in message news:<uwnlljq...@cs.man.ac.uk>...

> pscan...@aol.com (PScan16416) writes:
>
> > >Nope. Even if he did what she claims, she was not hurt by it. A
> > >reasonable punishment would be a $5 fine.
> > >
> > >Massive punishment of men for trivial "crime" against women is psychotic
> > >social hysteria.

Below, an update...the trial will continue for a few more days...

Fenster

*******************************************8

Student testifies at massage trial


By SUSAN HERENDEEN
BEE STAFF WRITER
Last Updated: May 20, 2004, 06:45:45 AM PDT

A college student choked back tears Wednesday when a defense attorney
suggested that she might have been asleep, or perhaps had fabricated a
story about a massage therapist who touched her inappropriately.

The young woman, who told her story in Stanislaus County Superior
Court, said Brian Kenneth Jones massaged her breasts during one office
visit and reached under her panty line in another.

She said she was awake during the massages, though her eyes were
closed, and insisted that she is not lying.

"I know what happened," the 21-year-old University of the Pacific
student said. "I know it was wrong."

Jones, 47, is charged with two counts of sexual battery. If convicted,
he could face up to four years in jail and a $10,000 fine on each
charge.

Jones formerly owned and operated Knead Therapy at 1411 Standiford
Ave. in Modesto. His trial started Monday and is expected to last
about a week.

The young woman took the witness stand Tuesday and finished her
testimony Wednesday. She was followed by her sister mother, father,
the defendant's wife and a police officer who investigated the matter.

The Bee is not naming the alleged victim or her family members, due to
the nature of the charges. Deputy District Attorney Nate Baker is
prosecuting the case; defense attorney Mary Lynn Belsher represents
Jones.

The young woman said she did not protest when Jones massaged her
breasts on April 2, 2003.

The situation seemed odd, she said, but she had complained that her
pectorals were sore from weight lifting and Jones said there are
different types of breast massage.

"I just trusted his knowledge," she said.

She said Jones touched her breast, stomach and vagina during an April
21, 2003, visit. At first, she was too shocked to protest. After a few
minutes, she said, she grabbed her clothes and fled.

"I was nervous. I didn't know what to do. I was in shock," she said.
"I couldn't believe this was happening to me."

Next, she went to Vintage Faire Mall to meet her grandmother, mother

and sister. Her sister said the alleged victim was in a frantic state
and told her that Jones had hit on her.

The sisters told their mother, who called the young woman's father.
Both parents went to Knead Therapy to confront Jones.

Mother screamed obscenities

The young woman's mother said she was so enraged that she screamed
obscenities at Jones and called him an animal.

"I had spent 20 years raising a bright, self-assured young woman and
he went and did this," the mother said.

She said Jones told her she could hit him if she wanted to. She also
said Jones talked about having a 104-degree temperature and possibly
losing his wife and business over the incident.

The young woman's father, a dentist who had been a massage client of
Jones' for eight years, said he listened as his wife sparred with
Jones.

He said Jones said he had made a "major mistake" and also said he
never touched their daughter's genitalia.

The young woman and her parents went to the Modesto Police Department
to file a complaint that afternoon.

Officer Matt Lengel said he issued Jones a misdemeanor citation hours


after the second alleged incident.

Authorities later increased the charges to felonies, saying the
officer was not aware of a new law that elevates sexual battery to a


felony if inappropriate touching is committed by a therapist or doctor
during the course of treatment.

Bee staff writer Susan Herendeen can be reached at 578-2338 or
shere...@modbee.com.

tinydancer

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May 17, 2004, 10:00:18 PM5/17/04
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"PScan16416" <pscan...@aol.com> wrote in message
news:20040517184542...@mb-m23.aol.com...


Apparently, if it's male on male, the proper procedure is to bash him over
the head with a frying pan. Then you smash him over the head with a shovel,
kick him in the head and body until nearly dead. Then strangle him and bury
him in a shallow grave 150 miles away.

td


Scorpi...@attnospam.net

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May 21, 2004, 11:21:53 AM5/21/04
to
On 20 May 2004 18:54:41 -0700, Fenster_2...@hotmail.com (Mark
Fenster) wrote:

Sounds like the guy did make a major mistake... by taking her as a
client.

Bo Raxo

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May 21, 2004, 5:16:22 PM5/21/04
to

<Scorpi...@attNOSPAM.net> wrote in message
news:ki7sa050gkv0h727o...@4ax.com...

This IS a curious quote from the accused, if it's true (it's the victim's
father who claim to have witnessed him say it).


> >
> >He said Jones said he had made a "major mistake" and also said he
> >never touched their daughter's genitalia.
> >

The first person the alleged victim told was her sister. According to the
article, the sister says the alleged victim said Jones had hit on her. Now
that's a bit different from inappropriate touching, and I would think if
it's the latter she wouldn't have described it as the former.

Making me suspect that the guy is married, decided to try and get some on
the side, and the young woman was highly creeped out since she had thought
of it was a clinical setting, where she could disrobe and it wasn't sexual.

That in turn case the breast massage on the previous visit in a whole new
light, and she was outraged.

Which also makes me suspect that the allegations he touched her genitals on
the next visit were embellishment, something to puff the story up enough to
make sure he'd be prosecuted.

If that's a correct read, she is one despicable little weasal.


> >
> >Officer Matt Lengel said he issued Jones a misdemeanor citation hours
> >after the second alleged incident.

Which, when I listen to this case, seems about as far as it should go. I'd
think he would probably have beaten the misdemeanor complaint in court,
anyway, but I could see the officer having to issue one with a seemingly
credible complainant.


> >
> >Authorities later increased the charges to felonies, saying the
> >officer was not aware of a new law that elevates sexual battery to a
> >felony if inappropriate touching is committed by a therapist or
> doctor
> >during the course of treatment.

Oh, great, just what we need, an avenue to bring very heavy charges if some
whack job gets mad at their doctor. Which doesn't encourage doctors to
serve communities that have a high percentage of whack jobs, like the
homeless, or drug addicts. This kind of feel-good law is bad public
policy.


>
> Sounds like the guy did make a major mistake... by taking her as a
> client.

LOL. No, I think that if he really did make that statement, it tells you a
lot.

If I were on the jury, I'd be waiting for his defense attorney to show that
in the umpteen years this guy had been in business, he'd never before been
charged with any inappropriate behavior. If I heard that, I'd probably be
ready to acquit. If I didn't, I'd have to take a harder look at the witness
credibility, but from what we see in the articles (insert grain of salt
reference here) I'd probably still acquit.


Bo Raxo


Mark Fenster

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May 21, 2004, 9:35:47 PM5/21/04
to
Scorpi...@attNOSPAM.net wrote in message news:<ki7sa050gkv0h727o...@4ax.com>...
[big snip]

>
> Sounds like the guy did make a major mistake... by taking her as a
> client.

She was a client of his for FIVE years...starting at age 15 and
continuing until the present (age 20). I don't know how common it is
for 15 year olds to go to massage therapy, unless there is an existing
medical condition that is alleviated by message.

Fenster

Mark Fenster

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May 21, 2004, 9:38:32 PM5/21/04
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"Bo Raxo" <invasio...@thepentagon.removethis.com> wrote in message news:<Gkurc.4819$be....@newsread2.news.pas.earthlink.net>...

> <Scorpi...@attNOSPAM.net> wrote in message
> news:ki7sa050gkv0h727o...@4ax.com...
>
> This IS a curious quote from the accused, if it's true (it's the victim's
> father who claim to have witnessed him say it).
> > >
> > >He said Jones said he had made a "major mistake" and also said he
> > >never touched their daughter's genitalia.
> > >
>
> The first person the alleged victim told was her sister. According to the
> article, the sister says the alleged victim said Jones had hit on her. Now
> that's a bit different from inappropriate touching, and I would think if
> it's the latter she wouldn't have described it as the former.
>
> Making me suspect that the guy is married, decided to try and get some on
> the side, and the young woman was highly creeped out since she had thought
> of it was a clinical setting, where she could disrobe and it wasn't sexual.

Bo,

Yep he was married...

She said 47-year-old Jones, who pleaded not guilty, is the victim of a
police vendetta and a confused accuser.

"Why would a man risk his life, his business, his reputation?" Belsher


said. "He has a beautiful wife and a baby boy."

>

The jury will hear exactly that...

Defense attorney Mary Lynn Belsher has lined up 45 witnesses -- former
clients, family and friends -- to attest to Jones' professionalism and
knowledge about the human body.

> If I didn't, I'd have to take a harder look at the witness

Mark Fenster

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May 22, 2004, 10:53:48 AM5/22/04
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Fenster_2...@hotmail.com (Mark Fenster) wrote in message news:<b5e42449.04052...@posting.google.com>...

Trial winding down, closing arguments set for Monday...

Fenster

*****************************************

Character witnesses line up for Modesto massage therapist


By SUSAN HERENDEEN

BEE STAFF WRITER
Last Updated: May 22, 2004, 05:51:19 AM PDT

Teacher Henrietta Sparkman told a jury Friday that massage therapist
Brian Kenneth Jones always made sure she was draped in a sheet and
comfortable with his techniques during seven years of office visits.

Retired Stanislaus County sheriff's Lt. Edward Ridenour Sr. said
Jones, who ran a massage school in addition to working as a massage
therapist, frequently talked about the need for skilled practitioners
and formal training.

And Christine McKeehan, a social worker who formerly worked as a
sexual assault counselor, said she referred lots of people to Jones
without hesitation.

"It gave me my life back," said McKeehan, who had been bedridden after
a serious car accident and several reconstructive surgeries.

All three said Jones -- who is charged with two counts of sexual
battery -- was able to relieve aches and pains where others failed.

They were among a dozen character witnesses called to Stanislaus
County Superior Court to attest to Jones' professionalism Thursday and
Friday.

Defense attorney Mary Lynn Belsher had lined up 45 character
witnesses, but limited her lineup at the court's request.

A University of the Pacific student said Jones touched her
inappropriately on April 2 and 21, 2003. She said Jones massaged her
breasts during one visit and reached under her panty in another.

The Bee is not naming the alleged victim due to the nature of the
charges.

Jones did a demonstration in court, using his wife as a model, to
suggest that he could not have touched the alleged victim without
putting his armpit in her face.

In testimony earlier this week, the alleged victim said she did not
think Jones' armpit was in her face, but also said she was not sure
because her eyes were closed.

A police officer initially gave Jones a misdemeanor citation.

Deputy District Attorney Nate Baker said the charges were elevated to
felonies because the officer was not aware of a new law that makes
sexual battery a felony if inappropriate touching is committed by a


therapist or doctor during the course of treatment.

If convicted, Jones could face up to four years in jail and a $10,000
fine on each charge.

The jury also heard testimony from three massage therapists who
formerly worked as independent contractors at Knead Therapy on
Standiford Avenue, a business formerly owned and operated by Jones.

They said they had to sign a code of ethics to work in the office and
thought of Jones as a mentor and friend.

Baker and Belsher are expected to give closing arguments Monday
morning, then send the case to the jury.

Mark Fenster

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May 25, 2004, 10:42:56 AM5/25/04
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Fenster_2...@hotmail.com (Mark Fenster) wrote in message news:<b5e42449.0405...@posting.google.com>...
[big headers snip]

Case goes to jury...

Fenster

**************************************

Jury weighs case against massage therapist


By SUSAN HERENDEEN
[Modesto] BEE STAFF WRITER


Last Updated: May 25, 2004, 07:37:04 AM PDT


The fate of massage therapist Brian Kenneth Jones, who is charged with
two counts of sexual battery, was placed in the hands of a Stanislaus
County Superior Court jury Monday afternoon.

The seven women and five men of the jury may convict Jones if they
believe an alleged victim who says Jones massaged her breasts during


one office visit and reached under her panty line in another.

"You can find him guilty based solely on her word," said Deputy
District Attorney Nate Baker.

He argued that Jones abused his position of trust, and even said that
breast massage is a common procedure, so he could grope the
20-year-old University of the Pacific student.

Or the jury may acquit the massage therapist if testimony from a dozen
character witnesses, who attested to Jones' professionalism, left them
with lingering doubts about the allegations.

"Just because she believes the story doesn't make it true," said
defense attorney Mary Lynn Belsher.

She argued that the alleged victim was asleep during her massages and
misunderstood a statement Jones uttered, believing it to be sexual in
nature.

Jones, 47, could face up to four years in jail and a $10,000 fine on
each felony charge, if convicted.

Baker and Belsher gave closing arguments in the morning and
midafternoon, after a weeklong trial. The jury began deliberating in
the late afternoon and is expected to continue today.

The court took a 2½-hour break at midday, due to a gas leak from the
Gallo Center for the Arts construction site, which prompted the
evacuation of the courthouse and other buildings downtown.

In court testimony, the young woman said she did not protest when
Jones massaged her breasts on April 2, 2003, because she had
complained that her pectorals were sore from weight lifting. She said
she was too shocked to protest when Jones touched her breasts again on
April 21, 2003, then moved on to her stomach and genitals. She said
she fled after about five minutes, when Jones made a sexual comment.

The Bee is not naming the alleged victim, due to the nature of the
charges.

Baker said Jones may be a qualified massage therapist who treated
other clients professionally, but still broke the law with the alleged
victim.

"He was using this profes-sional aura to be able to touch her
sexually," he said.

Jones, who formerly owned and operated Knead Therapy at 1411
Standiford Avenue in Modesto, said he never touched the woman
inappropriately.

He also gave a massage demonstration in court, using his wife as a
model, to suggest that he could not have touched the alleged victim as
she claims.

Belsher said the police investigation involved little more than taking
the alleged victim's statement. She noted that the woman returned for
another massage, despite her misgivings after the April 3 session.

"Why on Earth would Brian Jones all of a sudden lose his mind and
touch (her), two different times?" Belsher said. "It doesn't make any
sense."

Mark Fenster

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May 26, 2004, 12:59:46 PM5/26/04
to
Fenster_2...@hotmail.com (Mark Fenster) wrote in message news:<b5e42449.04052...@posting.google.com>...

> Fenster_2...@hotmail.com (Mark Fenster) wrote in message news:<b5e42449.0405...@posting.google.com>...
> [big headers snip]

A hung jury after only one day of deliberations!

Fenster

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Judge declares mistrial in massage abuse case

By SUSAN HERENDEEN
[Modesto]BEE STAFF WRITER


Last Updated: May 26, 2004, 05:42:02 AM PDT


A Stanislaus County Superior Court judge Tuesday afternoon declared a
mistrial in the case against massage therapist Brian Kenneth Jones,
after members of the jury said they were hopelessly deadlocked.

The jury leaned toward acquitting Jones, who was charged with two
counts of sexual battery. Prosecutors had not decided whether to seek
another trial; they have until a Friday hearing to decide.

A 20-year-old University of the Pacific student, who accused Jones of
touching her inappropriately during two massages, hopes the district
attorney's office presses forward, her father said.

"You don't make that kind of thing up, and put yourself through that
kind of hell," he said.

The Bee is not naming the alleged victim or her father, due to the
nature of the charges.

Jones, who formerly owned and operated Knead Therapy at 1411
Standiford Ave., also was disap-pointed with the results of the
weeklong trial.

"The people who found me guilty didn't understand what reasonable
doubt is," he said.

Ten jurors said Jones was not guilty of touching the woman's breasts
during an April 2, 2003, office visit. Nine jurors said Jones was not
guilty of reaching under her panty line during an April 21, 2003,
office visit.

Judge Edward M. Lacy Jr. questioned the panel and concluded that the
seven women and five men would not be able to reach a unanimous
verdict, even though they had deliber-ated for only one day.

Afterward, several jurors shared their thoughts with defense attorney
Mary Lynn Belsher and Deputy District Attorney Nate Baker.

Belsher declared victory.

"The jurors that voted for acquittal said there was no evidence to
convict Mr. Jones," she said.

Baker said the outcome was not so clear-cut.

"I didn't hear any of them say that they thought she was lying or he
was innocent," he said.

Even if Baker decides not to seek a new trial, two civil lawsuits
stemming from the alleged incident will proceed.

The woman has filed a civil lawsuit, seeking damages from Jones. Her
father declined to discuss the claim, saying his family is focusing on
healing.

Jones has filed a lawsuit against the city of Modesto in U.S. District
Court in Fresno, because the Police Department suspended his massage
license and operating permit four days after the second alleged
incident.

Jones' civil attorney, Kevin Siebert, said police relied on unproven
accusations to suspend Jones' licenses indefinitely, but only had the
authority to suspend his licenses for 60 days, after a hearing.

Jones is seeking an unspecified amount of damages.

"The government can't just take away your livelihood without giving
you due process," Siebert said.

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