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  Umana Guilty on 3 of 4 Counts

By Chad Nation
The Nonpareil
January 29, 2011

http://www.southwestiowanews.com/articles/2011/01/29/council_bluffs/doc4d438c4a33898848759448.txt

She didn’t tell anyone for six years, because she was afraid no one would believe her.

She carried the frustration, anger and hyper-vigilance that accompany victims of sexual abuse. A clinical psychologist testified that she suffered from post-traumatic stress disorder because of the assault.

She had feelings of inferiority, and was a “pretty unhappy, anxious young lady.”

While she still carries all of those feelings, the now 18-year-old girl said Friday her load was lightened a little bit when Efrain Umana was found guilty of three of the four sexual abuse charges he faced in the Pottawattamie County Courthouse.

The jury – made up of eight men and four women – said they believed her.

“I had no reason to lie. What did I get out of this?” she said. “The truth always wins.”

Umana, 55, was found guilty of second-degree sexual abuse, third-degree sexual abuse and assault with intent to commit sexual abuse. He was found not guilty of a second count of assault

with intent to commit sexual abuse.

*

The teen was the victim in the second-degree sexual abuse conviction; she was 11 years old when Umana took her to his Council Bluffs church where she said he forced her to have sex with him.

Umana testified on his own behalf Thursday, and denied that any of the allegations made against him were true. Apparently the jury didn’t believe him.

Umana was also convicted of forcing intercourse with another woman who was a member of his Council Bluffs church, Templo Monte Horeb, as well as making unwanted sexual advances towards another parishioner.

The teen said she was thankful that the jury believed her, but she feels for Umana’s family as well. She said talking with a psychologist has helped her realize that forgiveness was part of moving on with her life.

“It hurts me seeing his family suffer,” she said. “He is a dad and a husband too.”

But she was also concerned that others would suffer like she did.

“I feel better knowing I am part of putting this to a stop; he won’t do this to someone else,” she said. “(The women who testified) are the victims we know about; we don’t know if there are other victims out there.”

Assistant Pottawattamie County Attorney Dan McGinn said in his closing argument, and reiterated after the verdict, that the case was about trust. And trust betrayed.

“These people had huge, powerful trust in their pastor. It made it difficult to tell people,” he said. “He was a pastor people trusted in every way. He was the pastor they trusted and in the end he breeched that trust.”

The teen said perhaps it is a lesson others can learn from.

“We shouldn’t always believe those in a high position, or with power,” she said. “No matter how hard it is, go by what is true.

“The truth comes out sooner or later.”

After the verdict, a deacon in the church was asked for a comment. He only pointed to a Bible passage, Nahum 1:7:

“The Lord is good, a refuge in times of trouble. He cares for those who trust in him.”

Amelia Hartog, a missionary who has comforted the victims and talked with the parishioners, said the whole incident has been painful for the church and its members.

“This is part of the healing process, they have already forgiven him,” Hartog said. “These people loved that family, we want them to be healed too.”

Umana hugged and kissed his family members before the jury entered the courtroom. After the verdict was read, Pottawattamie County Sheriff’s deputies led him out of the courtroom as his family members broke down in tears.

Bill McGinn, Umana’s attorney, said he was disappointed with the verdict, and will be filing motions for a new trial and arrest of judgment.

“His family is still very supportive,” Bill McGinn said. “I’m proud of the way they took the verdict.”

Umana’s sentencing is scheduled for March 3. Second-degree sexual abuse is a class B felony in Iowa and carries a mandatory sentence of 25 years in prison. Because the charge is a “forcible felony,” Umana must spend 17? years in prison before being eligible for parole.

Third-degree sexual abuse is Class C felony that carries a maximum prison term of 10 years, and assault with intent to commit sexual abuse is an aggravated misdemeanor with a maximum penalty of 2 years in prison.

Whether or not the sentences will be served consecutively or at the same time will be up to the discretion of the judge.

Jury selection for a trial on similar charges – first-degree sexual assault of a child – against Umana was scheduled to begin in Douglas County (Neb.) Court Monday. Bill McGinn, who will also represent Umana against those allegations, said a continuance would be granted in the manner, at least until after Umana is sentenced in Iowa.

Contact: cnation@nonpareilonline.com

 
 

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