He was accused of molesting a little girl and then paying her $5 to keep quiet but tonight 76 year old shopkeeper Tereso Hernandez is a free man. Hernandez was charged with two counts of unlawful carnal knowledge for allegedly engaging in sexual relations with a 12-year-old girl on three occasions between January and March of 2004 inside his shop on East Canal in Belize City. The girl attended Salvation Army Primary School and went to buy "taffy" at Hernandez's Store when the first incident allegedly occurred. During the trial both the accused and accuser took the stand. The girl said Hernandez had sex with her and when he took the stand he denied even knowing her.
After two hours of deliberations this afternoon, the jury of 3 men and 6 women returned with a verdict that surprised even Defense Attorney Simeon Sampson. On the first count of carnal knowledge the jury voted 8 to 1 to acquit. For the second count there was no simple majority and presiding Judge Michelle Arana declared it a hung jury. The 76 year old walked out of courtroom number four a free man and spoke to Keith Swift.
Tereso Hernandez: I'm just...thank the jurors for setting me free.
KS: There was some pretty convincing evidence presented in court.
Tereso Hernandez: No sir, I am not guilty.
Keith Swift: So why would this little girl accuse you?
Tereso Hernandez: I don't know, I don't know.
Keith Swift: How do you move on from such a serious charge?
Tereso Hernandez: Back at work, back to work. I am nice man, I like to work. I don't like to mess around. I don't mess around with little kids.
Keith Swift: So why did she accuse you?
Tereso Hernandez: I don't know why. I don't know up to now and that is why I feel bad. I felt bad about it but I feel good now.
Keith Swift: Are you prepared for them to re-file charges against you for the second count?
Tereso Hernandez: Well I'll be ready because I know I didn't do nothing.
Keith Swift: Do you still have your store?
Tereso Hernandez: Yes.
Keith Swift: Will you continue selling to kids?
Tereso Hernandez: That's my business.
Keith Swift: You're not afraid that you might accused again?
Tereso Hernandez: No, no because I don't mess with kids. I sell and they buy from me; small kids, big people, police, everybody. They buy from me water, ideal, all kind of thing. I am nice and everybody can tell you about me. I don't chance pickney.
We stress that Tereso Hernandez can be retried on the second count of unlawful carnal knowledge. The case was prosecuted by Crown Counsel Kamar Henry who told us the DPP will decide whether or not to retry Hernandez.
