Alleged Fresno nanny kidnapper prevents a key witness from testifying: himself

Testimony in the trial of accused nanny kidnapper Joseph Ward concluded Wednesday, with one key witness unable to speak: the defendant himself.

Ward, who has been removed from the courtroom several times for being disruptive, tried for the second time to testify on his own behalf against charges he kidnapped, sexually assaulted and robbed a 25-year-old nanny in northeast Fresno on June 22, 2018.

But when Judge Kristi Kapetan asked him directly if he was ready, he pleaded with her for more time to talk to his attorney Amanda Moran. The judge said he’s had plenty of time to prepare and it was either now or never.

The 35-year-old Ward kept saying he had “new information” that would clear him, but Kapetan would not allow him to delay the trial again. He was removed from the witness stand.

Ward is facing his third strike and could spend the rest of his life in prison if convicted of 12 felonies. On Monday, Ward was rushed from the courtoom, complaining of stomach pains.

He doubled over and collapsed on the floor of the courtroom after answering just one question.

He claimed he has kidney stones, but Kapetan said he has been examined by doctors twice and they found nothing wrong.

After a short break, Ward came back in the courtoom and sat at the defense table. But, again, Kapetan had to warn him against grimacing and holding his side as if he’s in pain. She also told the jurors he’s been cleared by doctors.

Fetish connects defendant to crime, prosecution says

Prosecutor Rick Thomas, who has generally ignored Ward’s outbursts, told jurors during closing arguments that Ward has committed a terrible crime and deserves to be found guilty. He reminded the jury of the trauma he inflicted on the nanny when he sexually assaulting her in the presence of the baby.

Thomas said Ward had a fetish for rubbing oil on woman as they were down on the floor on their hands and knees. He would massage their backs and buttocks. Thomas said he did that to the nanny, and he did it to two strippers who testified earlier in the trial.

Ward’s phone mysteriously was shut off during the period that the attack happened, and was powered back on shortly after he is alleged to have fled in the nanny’s car. He had driven her to an ATM to withdraw $200 from her account.

Phone records show Ward called an adult entertainment company in Fresno. “You might want to call a dancer if you have $200 in your pocket,” Thomas said.

The prosecutor said there’s no doubt Ward is the man who attacked the nanny, despite there being other possible suspects and no physical evidence found at the scene.

“When (the nanny) saw the picture of him she knew immediately that Joseph Ward was the man who sexually assaulted her,” Thomas said.

Two other witnesses, including his ex-girlfriend, identified Ward as the person seen in neighbor’s surveillance video taken the day of the crime.

Suspect description was off, says defense

Ward’s attorney didn’t doubt that something tragic happened to the nanny, but she isn’t convinced it was her client who did it.

Moran raised several issues that she said should raise reasonable doubt in the jury’s minds, including the initial description the nanny gave to police. She described him as being in his 40s to 50s, about 5-feet-6 inches tall and clean shaven. Moran said Ward was none of those things, and is actually 5-feet-9-inches tall.

She also asked how the nanny missed identifying a large tattoo of a tiger on Ward’s leg and a tattoo of his daughter’s name on the inside of his arm.

“Law enforcement in this case got it wrong and you have the opportunity to make it right,” she said.

Moran also pointed out that there were no fingerprints or DNA evidence from Ward found in the Woodward Park area home, where the attacked happened.

She also urged the jury to focus on the facts and not what Ward does in his private life.

“You don’t have to like him, that is not a requirement,” Moran said. “You just have to look at the evidence and the investigation by police raises more questions than answers.”

This story was originally published August 28, 2019 at 4:58 PM.