Man found guilty of asking 11-year-old relative to record him having sex
WACO, Texas (KWTX/Gray News) – A Texas man who asked an 11-year-old family member to record him having sex with his girlfriend was convicted Tuesday.
Jurors deliberated for about two hours before finding Joshua David Orler, a 35-year-old construction worker, guilty of 10 counts of indecency with a child by exposure.
The punishment phase of the trial began Wednesday morning. He faces up to 10 years in prison on each count for a total of 100 years.
Orler was also found guilty of showing the young girl a tattoo of Hello Kitty on his genitalia when she inquired about it after watching him have sex with his girlfriend multiple times.
Orler denied the allegations during testimony Tuesday afternoon, but could not offer a reason why the girl would make up the story.
The girl said she was hesitant to come forward because she didn’t want Orler to get in trouble. However, she said as the pressure intensified to keep his secret, she could no longer hide it and reported it to her mother.
Orler’s girlfriend, Cristina Marsh, 27, also has been charged and is under indictment on five counts of indecency with a child by exposure.
The girl said the inappropriate sexual conduct started two years ago when she was spending the night at Orler’s home. She said she fell asleep on the couch and woke up and saw Orler and Marsh having sex in the bedroom. She said she watched for a while, apologized and then went back to sleep.
Orler, who spent a year in a state jail after his probation for methamphetamine possession was revoked, told her not to tell anyone what she had seen or he would go back to prison, she testified.
“That brought a lot of pressure on me,” the girl, now 13, told the jury.
On another visit, she woke up again in the middle of the night to find Orler and Marsh having sex again, she said. However, this time, Orler said she could come in and watch their sexual encounter. She said she asked questions about what they were doing, and they taught her the slang terms for the sex acts they were performing.
Assistant District Attorney Tara Avants, who is prosecuting the case with Will Hix, asked the girl how many times she watched Orler and Marsh have sex.
“I don’t really know,” she said. “A lot of times.”
She said she saw them have sex at Marsh’s house and they took her to a hotel in Waco once, where they also had sex there.
The girl said Marsh caught her watching porn videos on an iPad, and Marsh offered to answer any questions she might have about what she was seeing. She told the jury that Orler asked her to use the iPad to record him and Marsh and gave her instructions about how to keep the camera still so it would look like it was sitting on a table.
Attorneys did not play the sexually explicit videos for the jury of four men and eight women. However, the prosecutors showed photos of Orler’s genitalia that features the Hello Kitty tattoo.
Orler got the tattoo in prison because he said inmates have too much time on their hands and “there is nothing else to do when you are locked up.”
He told the jury he did not knowingly have sex in front of the girl or ask her to record him. He said she learned about his Hello Kitty tattoo because members of the family wanted to know if he got any tattoos in prison and mentioned it frequently.
“I’m not that kind of person,” he said. “I don’t like people like that. That’s just not who I am.”
Two members of Orler’s family and a family friend all testified for the defense that Orler is not the kind of person to do what he is charged with.
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