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Jury begins deliberations in San Mateo molestation case

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By Elizabeth Pfeffer

For the San Mateo County Times

Posted: 09/22/2010 11:02:25 PM PDT

Updated: 09/22/2010 11:16:47 PM PDT

REDWOOD CITY -- Seven years ago, an English software designer was commended by the investment firm where he worked for his commitment to helping low-income children.

On Wednesday, a San Mateo County Superior Court jury was left to deliberate whether Tarquin Thomas, 44, had in fact been brutally molesting some of the young boys he fostered and counseled from 1996 to 2006 while living in San Mateo.

In closing arguments, attorneys revisited the sexually graphic and disturbing visual evidence prosecutors hope will see Thomas convicted on 51 felony counts, the majority related to molestation and special allegations for substantial sexual conduct and multiple victims.

Thomas stands accused of engaging in and documenting mutual oral copulation, sodomy and masturbation with two boys who were under the age of 14 at the time of the abuse, and one boy who authorities believe was 14 or 15 when the molestation occurred.

Dylan was the name of a 9-year-old foster child whom Thomas tried to adopt. He is featured in several video clips and photographs participating in lewd acts with Thomas, whom he called "Dad."

Thomas was paired up with a boy named Freddie through the San Francisco Boys and Girls Club, according to prosecutors, who said Thomas eventually took the boy in to live with him. Photos of them engaged in sex acts were presented as evidence.

The third boy, Blake, made molestation claims against Thomas, although there is no physical evidence. Defense attorney Richard Keyes attempted to cast doubt on Blake's reliability, telling the jury the boy informed officials he had heard about Thomas' videos before he came forward. Blake testified during the trial he did not remember saying that.

Prosecutor Aaron Fitzgerald sought to remove any doubt from jurors' minds.

"The defendant in fact ravaged multiple children repeatedly, over and over again," he said.

Homemade sex videos and a tracking device planted in a child's picture frame were shocking elements of the prosecution's case. The jury, which begins deliberating today, has the option of convicting Thomas of lesser charges on some of the molestation counts to which he pleaded not guilty or not guilty by reason of insanity.

Keyes asked the court Tuesday to dismiss all charges based on lack of evidence, according to Chief Deputy District Attorney Steve Wagstaffe. In response, Judge Beth Freeman dismissed just four bestiality-related counts.

Thomas' face is not in prominent view in all the pornographic images entered into evidence, but Fitzgerald told the jury to make note of any bedding, clothing and body parts that are consistent with his appearance in photos where his face is visible.

"Many of the still photos do not have all the elements of all these charges," Keyes countered. "I think there's some danger in guessing what's beyond the photo."

He asked the jury to make reasonable assumptions about pictures that appear to portray sodomy without medical proof that the act occurred.

Thomas remains in custody in lieu of $1 million bail.

2010 Sep 22