The trial of a photographer accused of sexually assaulting two elementary students on school picture-taking day is underway.
Portrait photographer Gerard Mueden is on trial accused of fondling and inappropriately touching two students at Lehua Elementary School last year.
"And that resulted in the arrest and subsequent prosecution of Gerard Mueden," said Mueden's attorney Ron Takemoto.
The prosecution alleges Mueden sexually assaulted a ten year-old girl and boy while taking their school pictures, Mueden's defense attorney says the allegations came about because of rumors at school.
"Rumors that the portrait photographer Gerard Mueden was a perv and that the perv was touching them," said Takemoto.
The prosecution says the female victim texted her mother after school that the guy who took her picture was a "perv."
After talking with her daughter, the victim's mom called the school and the police the next day to report what happened.
But the defense says the female victim's story doesn't stick. They say there were inconsistencies regarding the duration of the assault.
"So from 3-5 seconds she initially says about 5 seconds at most and then changes it to a minute," said Takemoto.
The male victim also reported Mueden allegedly touched him inappropriately during picture taking.
The defense says the victim had heard rumors about the photographer before getting his photo taken and told police he expected something would happen.
"He says I believed it maybe, I kinda didn't believe it," said Takemoto.
The trial continues in circuit court Friday.
