Buckey Jury Reaches a Verdict on 1 of 8 Counts

After nearly two weeks of deliberations, the jury in the retrial of McMartin Pre-School molestation defendant Ray Buckey returned its first verdict Friday in a sealed envelope.

The verdict will remain sealed while the jury decides the other seven counts. Jury members left for the weekend at 4 p.m. Friday, and will resume deliberations at 9 a.m. Monday.

Just before noon Friday, the jury foreman pressed a buzzer in the jury room three times, a signal to the court clerk that the panel had reached its first decision.

Moments after the verdict was delivered, Buckey told reporters that “it’s almost like waiting (to find out) if you’re going to get the electric chair or if they’re going to let you go.”

“It’s a matter of wondering if 12 people can see the truth that you’ve known for seven years and you’ve been banging your head against the wall, trying to convince everybody else,” he said.

The case went to the seven-woman, five-man panel July 9 after a three-month trial. Jurors have examined numerous exhibits and listened to extensive rereading of testimony, but have given no indication that they have had any disagreements or problems with the evidence.

Meanwhile, Buckey is no longer required to remain in the downtown criminal courts building while his fate is being decided. This week, the 32-year-old former nursery school teacher has been checking in with the court three times a day. Lawyers for both sides must be available within 45 minutes of a call from the court.

The jury is debating Buckey’s guilt or innocence on eight counts unresolved by an earlier jury. Buckey was acquitted of 40 counts last January, but that jury deadlocked on 13 counts. Dist. Atty. Ira Reiner decided to retry Buckey on eight of them--before a new judge, with a new prosecution team, and adding a new child witness. Buckey’s mother, Peggy McMartin Buckey, was acquitted in January of 12 counts of molestation, while a 13th count, alleging conspiracy, was dismissed.

Three young girls and their parents testified against Buckey, and a pediatrician who examined the children told jurors she had found physical signs of molestation.

However, Buckey took the witness stand and denied the allegations. A coroner flown in from London by the defense testified that the scars and other physical signs noted by the examining physician are not indicative of sexual abuse.

During their 10 days of deliberations, the jurors have watched several hours of videotaped interviews with the alleged child victims again. They have asked for clarification of terms such as penetration and fondling.

They have asked that testimony by the pediatrician, Dr. Astrid Heger, regarding concern expressed by one child about her eyes, be reread. The girl indicated that semen had gotten in her eyes during sex acts by Buckey.

For more than two days this past week, jurors listened to a rereading of the entire testimony of Dr. David Paul, medical examiner for the city of London, who took issue with Heger’s findings. He said the girls showed no signs of having been raped or sodomized.

If convicted, Buckey faces a maximum sentence of 22 years. He has already spent five years in county jail and is now free on his own recognizance.

The defendant said he is worn out.

“By this point in time, everyone’s taken their position,” Buckey explained. “I don’t care anymore. I just want to get out of this; I’m tired of it.”