SEX ABUSER SENTENCED TO LIGHTER TERM IN PLEA.

Byline: KAREN MAESHIRO Staff Writer

LANCASTER -- A Lancaster man whose conviction for impregnating a 12-year-old girl was overturned on appeal has been sentenced to six years in prison after he pleaded no contest to one count of continuous sexual abuse of a minor.

Tyrell Dion Moore had been convicted by an Antelope Valley Superior Court jury of continuous sexual abuse of a child and found to have inflicted great bodily injury on the girl, a relative of his girlfriend. He was sentenced to 15 years in prison and appealed the conviction.

Saying a detective improperly continued questioning Moore after he said he didn't want to talk, the 2nd District Court of Appeal in June threw out the jury's verdict.

Moore, 26, was returned to the trial court, where he was sentenced Tuesday after entering his plea.

``He believed that it was the best thing to do at this point for everyone involved,'' Deputy Public Defender Ralf Jacobsen said.

Prosecutors said Moore's confession had been critical to proving the case to a jury.

``I know we had problems proving that three-month time period -- which is required for the charge of `continuous sexual misconduct' -- without his statement,'' Deputy District Attorney Kerry White said.

The pregnancy was aborted at 12 weeks in August 2004, the appellate court noted.

Despite DNA tests showing Moore fathered the aborted baby, the appellate court overturned the conviction because Moore's right to remain silent was violated and there was insufficient evidence without the confession that sexual abuse occurred over a continuous period of at least three months.

The appellate court quoted Moore as saying, ``I mean, I really ain't got nothing to say, because this, to me, is bulls---.'' But the detective continued asking questions, and Moore eventually admitted that during weekends starting in March 2004, he had sex with the girl on numerous occasions, the appellate court noted.

``We agreed he would enter a plea to the charge and get six years in prison. At least we get a plea,'' White said.

Jacobsen said there was other evidence besides Moore's confession that could have been presented.

``There was a lot more out there. You had DNA. You still had the victim's statements. That's quite a bit in and of itself,'' Jacobsen said.

The confession was the only direct evidence in the jury trial that the sexual misconduct occurred over a period of at least three months, the appellate court said.

When the case reached the trial court, the girl essentially recanted what she had told detectives about having sex with him.

karen.maeshiro(at)dailynews.com

[phone]