Central Texas man who asked relative, 11, to record him having sex convicted of indecency with a child by exposure
Punishment phase of the trial begins Wednesday
WACO, Texas (KWTX) - A West man who asked an 11-year-old family member to video him having sex with his girlfriend was convicted Tuesday on 10 counts of indecency with a child by exposure.
Jurors in Waco’s 19th State District Court deliberated about two hours before finding Joshua David Orler, a 35-year-old construction worker, guilty.
The punishment phase of the trial will begin Wednesday morning. Orler, who showed 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, faces up to 10 years in prison on each count.
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 in West. 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Orler who spent a year in a state jail facility after his probation for methamphetamine possession was revoked, told her not to tell anyone what she had seen or he would go back to prison, she testified.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 soft-spoken girl, now 13, told the jury.
On another visit, she woke up again in the middle of the night and Orler and Marsh were 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 had sex there, also.
She 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 Orler asked her to use the iPad to video 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.
Avants and Hix 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 video 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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