A judge in the 252nd District Court in Jefferson County heard testimony and evidence on the first day of a trial in Cause No. 22‑40828 alleging a post‑operative sexual assault at a Port Arthur cosmetic surgery clinic.

The state called Carolyn Ann Dempsey and her daughter, Taylor Dean Dempsey, who testified that on April 5, 2022 the daughter went to a follow‑up appointment after thigh‑lift and tummy‑tuck surgery. Carolyn Dempsey said the defendant told her the lighting was better in another exam room and asked her to wait; when they left, Taylor was crying and they went to the police station and then to Saint Elizabeth Hospital for a SANE (sexual assault nurse examiner) exam.

Taylor Dempsey testified in court that at the April 5 visit the defendant separated her from her mother; she said she pulled her pants down to the tops of her thighs with underwear on, that the defendant removed sutures and twice "slipped his fingers between my labia," and that he was not wearing gloves. On the witness stand she also described feeling "hysterical" and said she did not consent to any insertion. When asked why earlier reports said she was "not penetrated," she said she had understood that word to mean entry into the vaginal canal and that her later description reflects what she believes occurred.

The state also presented testimony from Nia Knighton, a certified SANE nurse, who described the April 5 forensic exam and the documentation she prepared. Knighton testified she collects swabs from multiple areas (abdomen, mons, vaginal effluent and labia) during such an exam, records the patient's demeanor and notations of history, and explained to jurors that, in her forensic training, "penetration" can include entry past the labia majora. Knighton further testified that the Texas Department of Public Safety crime lab report for laboratory case HOU220405819 indicated male DNA on some sites (abdomen/mons) and that "no interpretable Y‑STR (male) profiles were obtained" from the labia swabs.

Detective testimony and exhibits: Detective Kader described executing a search warrant at the cosmetic surgery office at 8640 Central Mall Drive and conducting a recorded voluntary interview with the defendant on May 4, 2022; the body‑camera recording and a USB copy were admitted as an exhibit. Kader testified he found the defendant's interview to be nervous and at times evasive and confirmed the department turned over medical records and evidence to the district attorney's office.

Defense strategy and legal argument: Defense counsel emphasized the statutory element that the state must prove — "penetration of the female sexual organ" — and told jurors the case will turn on the meaning of words such as "penetration" and "insertion" and whether the state meets its burden beyond a reasonable doubt. The defense questioned inconsistencies among earlier statements (including repeated earlier reports that the complainant said she was "not penetrated") and cross‑examined the SANE nurse and detective about how swabs were labeled and collected.

Evidence limitations highlighted in court: The SANE nurse and the lab report testimony pushed two points into focus for jurors: (1) Knighton testified about how forensic exam terminology can treat contact past the labia majora as "penetration," which differs from some lay understandings, and (2) the lab report (DPS case HOU220405819) the state published to the jury said male DNA could not be excluded from some non‑labia sites but that no interpretable male DNA profile was obtained from the labia swabs themselves. The prosecution told jurors each of these items would be for them to weigh together with demeanor and other evidence.

Administrative note: The court recessed for the day and set the trial to resume at 09:00 the following morning. The judge reminded witnesses of the instruction that they not discuss testimony or watch the proceedings outside the courtroom.

What happens next: The trial will continue with further witness testimony and presentation of evidence. Jurors were instructed they must decide guilt only if the state proves every element beyond a reasonable doubt. The docket and admitted exhibits (including the SANE notes, lab report HOU220405819, and the body‑worn camera recording) remain part of the record.

Quotation highlights from the record:
"I'll take my own stitches out," Taylor Dempsey said in the car after the appointment, describing her immediate distress. — Taylor Dean Dempsey
"In our training, we are taught penetration is any contact past the labia majora," said SANE nurse Nia Knighton, describing forensic definitions that jurors must reconcile with other testimony. — Nia Knighton
"Applying a statistical confidence interval of 95 percent, this profile is not expected to occur more frequently than 1 in 5,471 U.S. males," reads the DPS lab excerpt read into evidence regarding a male DNA profile on one swab; the report also stated no interpretable Y‑STR profiles were obtained from the labia swabs. — Texas Department of Public Safety crime lab report (published in court by the state)

(Reporting note: All quotes and attributions come from testimony and documents entered into evidence on the record.)