Child Molestation Verdict Overturned

Citing jury misconduct, an appellate court Thursday overturned the 1991 conviction of a San Juan Capistrano man on 12 felony counts of sexually molesting his two young daughters.

The 4th District Court of Appeal ruled, 2 to 1, to order a new trial for Rafael Chavez Tena, 38, after it was learned that juror Margaret Jones improperly tried to sway jurors to convict Tena and did not notify the judge that she knew two other girls who had been sexually molested.

In his dissent, Presiding Justice David G. Sills said the conviction should be upheld because the evidence against Tena was so overwhelming and there was no proof that Jones intentionally withheld information that would have excused her from serving on the jury.

Tena had been sentenced to 36 years in prison.