Swanson defense claims no intentional sexual contact

MOUNT VERNON — Paul Swanson was readjusting his underwear and pants when an 88-year-old female nursing home resident grabbed his penis, his attorney said.

Swanson, 67, is contesting a charge of gross sexual imposition in a two-day jury trial that began Tuesday. The charge alleges that Swanson took the hand of the woman, who suffers from dementia, and used it to touch his penis on Sept. 21, 2019.

But defense attorney Bryan Bowen said the woman touched Swanson after accusing him of dribbling urine on the floor. Swanson was visiting the woman in her room at a Mount Vernon nursing home and had to urinate. As he came out of her bathroom, his pants and underwear “were not in a comfortable position,” and he was “trying to straighten them out,” exposing his penis, Bowen said.

The woman was sitting near the bathroom in a wheelchair and accused Swanson of “dripping from here” and touched his penis, according to Bowen. Swanson tapped his penis to show her it was “dry,” Bowen said, and the woman touched his penis again.

The incident was witnessed by nurse’s aide Danielle Simmons on a monitor. The woman’s room had a surveillance camera because she is considered to be a fall risk.

Simmons testified that she immediately called her shift manager, Ashley Miller. Miller testified that she saw Swanson in the video feed with his pants and underwear down, and she could see he was sexually aroused. Miller said she saw Swanson take the woman’s hand, place it on his penis, and “rubbed it back and forth.”

In cross examination, Bowen noted that Miller’s statement to police did not contain a reference to Swanson’s sexual arousal.

Miller testified to the woman’s mental state, saying she is unable to make basic decisions and often messes up family member’s names. She also cannot eat alone, Miller said.

A video of a Sept. 24 interview with the defendent and Mount Vernon Police Det. J.T. DeChant was played for the jury by Knox County Prosecuting Attorney Chip McConville. In the interview, Swanson, accompanied by an attorney, gave the same version of events as espoused by Bowen in opening statements.

DeChant testified that he did not obtain a statement from the woman due to her mental incapacity.

Swanson is Mount Vernon Nazarene University’s most-winning volleyball coach. The volleyball and basketball courts at Ariel Arena at MVNU are named after him. He has been on administrative leave without pay since being charged.

The trial is being held at the alternate location of the Memorial Theater ballroom to allow for social distancing. It is scheduled to continue today with the defense’s case, but it is not known if Swanson will testify.

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