Pacific University administrator Michael Mallery stared directly at the jury inside Judge Thomas W. Kohl’s courtroom Thursday afternoon as he listened to one of his alleged victims testify about what sometimes happened when they were together. 

“He would, like, start to tickle me and he would pinch my nipples,” said the 11-year-old girl, a family member of the defendant. “It felt kind of scary … I pushed away and went to my room.” Michael Mallery

During the second day of Mallery's sex abuse trial in Washington County Circuit Court, Senior Deputy District Attorney Kevin Barton asked the child what made her scared. 

“Because he was doing something wrong,” she replied. 

Mallery, 48, vice president of finance and administration at Pacific, is standing trial on seven counts of first-degree sex abuse involving minor family members.

Prosecutors say two incidents occurred in 2010 and five in 2013. The alleged victims are now ages 11 and 15. 

Mallery was arrested Jan. 21 after a Washington County grand jury returned an indictment on the charges. At his arraignment the next day, he pleaded not-guilty, posted bail and has been living with his brother in Tillamook since. 

Thursday morning, the prosecution showed the jury a videotaped interview between the younger girl and a case worker from Child Abuse Response and Evaluation Services (CARES) Northwest. In the video, the child began to fold an origami bird while talking with the counselor, who told her a detective was watching and creating a recording of their interactions. 

“It makes me nervous when people watch me,” said the girl, who went on to describe “lots of times” when she said Mallery grabbed her and pinched her nipples. 

In court Thursday, Barton clarified that the child was there to tell the jury about her interactions with Mallery.

“He sexually abused me,” the girl told Barton. 

“What part of you did his hands touch?” Barton asked. 

“My privates,” she replied.

When Barton asked her how Mallery behaved around other children, the girl said her mother told her he also had molested the older female relative.

"He did it to my sister a long time ago and we didn't see [him] for a long time," the girl said.

In the videotape, the girl said Mallery touched her only on top of her clothes. But Sgt. Robert Rookhuyzen of the Washington County Sheriff's Office, lead investigator in the case, testified that in a brief Jan. 28 interview, the child said the touching always occurred underneath her clothing.  

The accusations against Mallery surfaced last spring after the younger relative told her teacher he had touched her inappropriately. The teacher, who testified Wednesday, said she reported the incident to a counselor at the school, who went to the state Department of Human Services. 

In 2010, police investigated the other young relative’s accusations of molestation by Mallery, but the Multnomah County District Attorney’s Office declined to prosecute.

In Kohl's courtroom this week, Mallery’s defense attorney, Robert Cohen of Cohen & Coit law firm in Clackamas, cross-examined the younger girl about why she used to look forward to visiting Mallery — pointing out that she had asked to see him three days after telling the teacher her story of abuse — and now does not.

“I kind of changed my mind,” the girl said. "I realized what kind of person he is," she added, suggesting she now believes Mallery to be a bad person.

The child testified that Mallery never threatened her or told her to keep the alleged abuse a secret.

She also told Cohen that she didn't think Mallery realized what he was doing when he touched her inappropriately, although at another point during her testimony she told Barton, "He did it on purpose."

The older alleged victim also took the stand, telling Barton that Mallery had touched her twice on her breasts, beneath her shirt, in 2010 — and that on more than one occasion he had been nude in a hot tub with her.

Court records obtained by the News-Times in February suggest the allegations arose during a time of family infighting. Michael and Susan Mallery divorced in 2011, and court documents include tales of alcohol issues, mental breakdowns, physical and emotional abuse and detail multiple interviews by psychologists, family mediators and polygraph examiners in the wake of the couple’s split.

Mallery is on personal leave from his position at the Forest Grove university. The crimes he is accused of are Class B felonies. If he is convicted, each carries a minimum prison sentence of six years and three months each under Oregon’s Measure 11, the citizens’ initiative passed in 1994 that established mandatory sentencing guidelines for certain crimes. 

The trial will continue Tuesday, March 11, at 9 a.m.

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