South Bay News

SJ man appears in court to face molestation charges

Wednesday, June 20, 2012
Waking Bailey

SJ man appears in court to face molestation charges (KGO Photo)

In San Jose, a 33-year-old Waking Bailey entrusted with the care of vulnerable children appeared in court to face child molestation charges.

Bailey's fiancee's also works at EMQ where Bailey was suspended from his job last year and she says one of the accusers has made a similar accusation against other people in the past.

The family of the man accused of sexually molesting two at risk young girls and a developmentally disabled young woman say the accusers are lying.

"In group homes kids always make allegations, this is not the first time and this won't be the last time that there will be allegations made. It's just that he's being used as an example," said Sekeena Kimbrough, the defendant's fiancee.

Bailey is accused of three counts of a lewd act on a child and one count of rape of an incapable person -- all felonies.

Two of the alleged victims live at a residential care facility called EMQ in Los Gatos. Bailey also worked as a teacher's aide at Achieve Kids in San Jose where he met the third ad ledged victim, an 18-year-old with the mental capability of a 5-year-old.

"To take advantage of the most vulnerable, not just children, but at-risk youth, dependency of the court, and mentally disabled individuals is the most cruelly imaginable type of sexual abuse," said Deputy District Attorney Marisa McKeown.

Bailey's family asks, if the allegations are true, why wasn't he prosecuted in 2009 when the first victim came forward. Legal observers say the district attorney probably didn't have enough evidence at that time and sadly, does now.

"You have multiple victims that do not know one another that corroborates significantly the one victim," said Steve Clark, a legal analyst.

Prosecutors say one of the children at EMQ was molested over a three-year period and Bailey would show her pornographic video on his cellphone as a way to demonstrate what he wanted.

"With one of his victims, the youngest victim, who was between the ages of 6 and 9 at the time that he exhibited pornographic videos that he had taken himself on his cellphone to her," said McKeown.

Bailey's family says he adores his own children, a 7-year-old daughter and 13-year-old son, and are adamant he is not capable of child molestation.

"He's a good daddy. He would never mess with no kids. He would never mess with no kids," said Denise Johns, Bailey's relative.

The judge ordered Bailey to be held without bail and set another court hearing for next week. Prosecutors say they're already hearing from additional possible victims. They are urging anyone with any information to come forward and call the district attorney's office's sexual assault unit at (408) 792-2608.

(Copyright ©2014 KGO-TV. All Rights Reserved.)

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san jose, SJPD, crime, south bay news, karina rusk
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