Friday, May 8, 2009

San Diego News
SAN DIEGO -- The father of a 2 1/2-year-old girl noticed blood in her diaper after taking the toddler home from a husband-and-wife day care center in Mission Valley, the child's mother testified Tuesday.

The mother was the first witness to testify in a preliminary hearing to determine whether a trial will be ordered for Mark and Anita Kaczmarczyk, who are accused of molesting four young children at the day care center they operated from their apartment.

The woman, who shared custody of her daughter with her ex-husband, said he called her the night of Sept. 11, 2007, saying he had found blood in the toddler's diaper.

"He told me she had just woken up from her nap and he opened up her diaper and there was blood in it," the mother testified.

Her daughter was fine before being dropped off at the day care center operated by the 43-year-old female defendant, the mother testified.

Upon hearing the news about the blood in the diaper, the woman said she called her mother, who recalled the woman having similar episodes as a child and recommended that she take the girl to the doctor in the morning.

Health officials recommended taking the child directly to Rady Children's Hospital, where doctors showed the parents photographs of bruising and lacerations on girl's genitalia, the woman testified.

"I cried," the mother said, recalling her reaction when she heard the news.

Child Protective Services personnel took the child to the Polinsky Children's Center for three days before releasing her back to her mother.

The woman's ex-husband was ordered to have no contact with their daughter because police considered him a suspect in the molestation, the woman testified.

The mother -- who at the time lived in the same apartment complex as the Kaczmarczyks -- said her ex-husband was out of town in the days leading up to the discovery of blood in their daughter's diaper.

The witness said she was under the impression that the day care business was Anita Kaczmarczyk's and that the woman's husband had just lost his job and was looking for new employment.

The woman -- a corrections officer at the Miramar brig -- testified that Mark Kaczmarczyk told her how good she looked in a military uniform and made comments about his sex life with his wife.

The witness said Mark Kaczmarczyk, 58, told her that if his marriage continued down its current path, it might end up in divorce like the woman's.

At the apartment complex pool, he also told the woman and her girlfriends that they were looking "very sexy" in their bathing suits, she testified.

The comments made her "uncomfortable when Anita was nearby," the mother said.

The woman said the defendant also asked her inappropriate questions about her sex life when she was married and told her that her ex-husband was a good-looking man.

Based on evidence developed in the investigation, a family court ordered Mark Kaczmarczyk into a Sexual Offender Treatment Program. The defendant participated in 12 group therapy sessions but stopped going without permission and was terminated from the program in January, according to authorities.

A subsequent investigation determined that Mark Kaczmarczyk left the United States and went to Taiwan last Dec. 8. He was taken into custody Feb. 15 and returned to San Diego on March 6.

At the conclusion of the preliminary hearing -- which is expected Wednesday -- Judge Polly Shamoon will decide whether enough evidence exists to order the defendants to stand trial on four counts each of child molestation and child abuse.

They each face a maximum of 60 years to life in prison if convicted.

Attorney Gerald E. Smith is the defense attorney for Mark Kaczmarczyk.
If you or someone you care for needs an experienced trial attorney.Call the Law Offices of Gerald E. Smith, 619.231.1400.


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