Wednesday, Aug. 26, 2009

Sisters testify in Aviston man's sex assault trial

It's highly detailed, but contradictory

EDWARDSVILLE -- Two sisters gave testimony Tuesday that was sometimes highly detailed and sometimes contradictory in the trial of a relative accused of sexually assaulting them.

Kenneth Tudor of Aviston, formerly of Highland and Alhambra, is on trial in Madison County on charges of predatory criminal sexual assault for allegedly having sex with the girls when they were younger than 13. They are now 13 and 18.

The older girl testified first, saying Tudor sexually assaulted her four times. The older girl also spoke of one episode which allegedly happened in a railroad passenger car in a railway museum in northern Illinois, where Tudor once worked.

The older girl said Tudor made her lie next to him in the bunk room of the railcar, while both were naked. The older girl said the younger girl was in the dining area of the car, and didn't see anything that happened behind the closed door of the bunk area.

The younger girl, however, testified that Tudor called her into the bunk area, ordered her to watch him have sex with the older girl, then told the younger girl to mimic her older sister.

"He asked me to do the same," the younger girl testified.

The younger girl testified Tudor has sexually assaulted her numerous times, roughly two out of every five days for a period of years. Both girl gave explicit details about some of the alleged episodes that happened while they lived with Tudor.

The allegations came to light in January 2008 after the older girl told a boyfriend. The older girl testified the boyfriend asked her why she disliked Tudor.

Under cross-examination by defense attorney Brian Polinske, the older girl agreed that the allegation surfaced after she and the boyfriend were kicked out of Tudor's home, and that Tudor had taken away her phone and vehicle.

The older girl testified she never reported the allegations before that because "I knew what it would do to the family." She added, "I thought how happy my mom was."

The younger girl testified she never reported the allegations because "I was afraid that he would have gone to jail."

After Tudor's arrest, the younger girl wrote a letter to one of the investigators from the state Department of Children and Family Services, saying Tudor had never done anything to harm her. On Tuesday, the younger girl tesified that her mother put her up to it.

"My mom asked me to tell DCFS those things didn't happen," the younger girl testified.

The younger girl also testified that her mother took her to visit Tudor a couple of times while he was in jail awaiting trial.

The mother, however, testified Tuesday that she never took the girl to visit Tudor.

When asked by a prosecutor why she had the younger girl write the letter, the mother replied: "I, um, I didn't quite believe her yet, and I wanted (Tudor) out, so I helped her write the letter."

Prosecutors Amy Chapman and Tracy Baum have filed notice that they will seek a life prison sentence for Tudor if he is convicted.

The trial resumes Wednesday.

Tudor, 37, also is awaiting trial in Clinton County for allegedy sexually assaulting the same two girls there.