In reversal, alleged victim claims Yoder molested him repeatedly
By Aldrin Brown – City News Service
In a stark reversal of his earlier testimony, a 13-year-old boy testified Tuesday that a former Palm Springs schools instructor who was the boy’s legal guardian molested him repeatedly, both in private and in the presence of others.
The testimony came during questioning by a prosecutor in the trial of John David Yoder, 43, who has pleaded not guilty to 12 felony charges, including lewd acts with a child, persuading a child to commit lewd acts, human trafficking of a child, harboring a fugitive and conspiracy to commit a felony.
Prosecutors allege Yoder, of Desert Hot Springs, was a key figure in a child molestation and pornography ring that preyed on boys in the Coachella Valley.
During the start of his testimony on Monday, the 13-year-old testified that he regularly shared a bed with Yoder, and that the man routinely kissed, cuddled and once took a shower with him, but said he perceived the behavior as entirely innocent and fatherly.
But on Tuesday, under more pointed questioning by Deputy District Attorney William Robinson, the boy testified that the defendant, on separate occasions, fondled and molested him and advised him to keep the conduct secret.
“Did David ever (touch) your private parts?” the prosecutor asked. “Yes,” the boy replied. “Twice … In the room. We were in there watching Netflix and he just started doing that.” “Did that make you uncomfortable?” Robinson asked. “A little, yeah,” the boy said.
Yoder is named — along with Erick Alan Monsivais of Los Angeles, William Clyde Thompson of Las Vegas and Noland Anthony Harper of Richmond, Virginia — in a 59-count indictment alleging their involvement in a sprawling molestation and child pornography ring.
Monsivais, 30, had been scheduled to go on trial with Yoder, but was removed as a defendant last month after pleading guilty to five felonies in exchange for a 45-year prison sentence. He has agreed to testify against Yoder.
Authorities allege Yoder persuaded a troubled mother to grant him legal guardianship over the developmentally disabled 13-year-old, whom the defendant met while working as a paraprofessional health aide at the Center for Learning and Development.
Last week, Yoder’s adopted son testified that he twice witnessed his adoptive father kiss the boy on the lips, and that the adolescent often slept in his father’s room, behind a door secured by a new deadbolt lock.
Another teenager who lived in the home has alleged that he witnessed the defendant fondling the youth and engaging in other inappropriate conduct.
During opening arguments, Robinson told jurors that the alleged victim previously denied that such events ever happened or that Yoder had committed any acts of sexual impropriety. On Tuesday morning, for the first time, the boy alleged that Yoder was drunk on whiskey — a frequent occurrence, according to the child — when the inappropriate behavior occurred.
The boy also alleged that Yoder molested him in the master bedroom, where he and the defendant typically slept.
Robinson asked if the defendant had told him to keep quiet about the behavior. “He said never tell — never tell anybody,” the boy said.
As cross-examination began just before the lunch break, defense attorney John Patrick Dolan began playing a video of the boy’s interview with authorities, where he denied that Yoder molested him. The lawyer asked the boy to recount how many people he had spoken to about the allegations since Yoder’s arrest in January 2015. The list included nearly a dozen relatives, counselors, investigators, friends and relatives.
“Most of those people have told you that David was a bad person, haven’t they?” Dolan asked. “Yeah, mostly,” the boy replied.