MARTINEZ — A jury has been asked to decide whether a 44-year-old Danville cheer coach was sexually abusing teen girls, or if he was the victim of false accusations and prosecution “cherrypicking” after accidentally sending a masturbation video to a 15-year-old girl that was meant for a prostitute.
Nicholas Moseby, a former biology teacher at San Ramon Valley High School who also coached cheerleading for a private group called Nor*Cal Elites, has been on trial for the past six weeks. Jurors heard testimony from the five alleged victims who were all teen girls when Moseby either groped them grinded on them, made lewd comments, or in one girl’s case, sent a video of himself masturbating on Snapchat. They also heard testimony from Moseby, who denied the allegations.
The defense’s theory is that girls came forward with false accusations after Moseby’s arrest for sending the video was publicized. Moseby’s public defender, Manisha Daryani, didn’t deny that Moseby had sent the lewd video to a girl, but said it was meant for a “sex worker” Moseby had been chatting with earlier, as “he talks to a lot of sex workers.”
“All of us have phones, and all of us have accidentally texted the wrong person. It happens,” Daryani said. Earlier in the closing argument, she said the prosecution’s case was full of “baseless claims” and “non-criminal behavior” all starting with a “public shaming” of Moseby in the form of a news release.
After Moseby’s 2022 arrest was widely publicized, several more alleged victims came forward. Moseby faces charges of committing lewd acts against a minor, sending harmful material to a minor, sexual battery, and a less serious charge of annoying or molesting a minor through lewd remarks in class.
The alleged victims testified, occasionally with the help of District Attorney-issued therapy dogs to calm them, that Moseby had inappropriately touched them and/or made inappropriate remarks about their bodies. One received the nickname “Flat Stanley,” referring to her buttocks, while another received a fire emoji when she texted Moseby a picture of herself and two other teens on their way to the beach, according to witness testimony. Another, who was in middle school at the time, testified Moseby grinded onto her from behind.
Moseby’s lewd interest in the victims’ buttocks coincided with his pornography searched, Deputy District Attorney Jessica Murad told jurors in her closing arguments. She displayed search terms like “bubble booty,” and “high school” as well as references to teens and sodomy. She said Moseby would flirt with, text, and engage girls in banter, but “then it turned into touch her under the guise of spotting for a backhand spring.”
“Position of trust. Position of power. Abused for his own sexual pleasure,” Murad said during her closing argument.
Jurors are set to deliberate Tuesday.
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