(10/26/12) - After calling just three witnesses, the prosecution rested in the trials of Daniel and Alisha Hall - the Mt. Morris couple accused of sexually abusing their infant daughter.
In a shocking move, Daniel then testified.
Daniel's defense attorney, Mark Clement, made it clear he did not support Daniel's decision to testify saying him taking the stand would be "...somewhat akin to physician assisted suicide."
Daniel says it is him in pictures police pulled from his computers.
Thursday, at least a dozen images of Daniel and his infant daughter were admitted into evidence and shown to jurors. Police have said they were found among hundreds, if not thousands, of pornographic images on devices seized from his home.
Police have said Alisha took the pictures of Daniel sexually abusing their baby. Daniel backed that claim up Friday during his testimony.
"I told her if she didn't do it I was going to hurt her and the baby," Daniel's says.
Daniel says he threatened his wife physically and also with sexual violence. The baby was 5 or 6 months old at the time, Daniel says.
Assistant Prosecuting Attorney Jonathan Poulos asked Daniel if it was him, in the pictures, with the baby.
"It's me," he answered.
Under cross examination by Alisha's attorney Major White, Daniel admits he talked Alisha into different sexual scenarios including being intimate with other couples.
"Where you could swap her out like a piece of meat, correct?"
"Yes," says Daniel.
White's questions and Daniel's answers depicted Alisha as a woman who'd go along with whatever Daniel would ask fearful if she didn't the baby or she would be injured.
Daniel says he did not have sexual contact with the baby after the pictures were taken. He couldn't give an exact date as to when they were taken.
When asked why he was testifying? Why he was confessing?
Daniel says he loves his wife and to make it up to her, he'd go away.
"It's not only that. I recently got back to my faith and it's the right thing to do," Daniel says.
White maintains there is no evidence she assaulted or abused the baby.
A taped interview with police, played in court Friday, shows she admitted taking the pictures. But not at first. Police interviewed her twice after the couple was arrested. Each interview lasted about 40-45 minutes.
"She denied even knowing they existed," says Mt. Morris Police Detective Thomas Plumb. "She said she had no part in taking them."
That was during the first interview, February 6, according to Plumb.
But Plumb says Alisha Hall told him, a number of times, the baby was only left alone with Daniel Hall.
Plumb says Alisha admitted she and Daniel were involved in swinging activity.
"She also participated in making home movies which they later put on the internet for sale. A lot of sexual activity," Plumb says.
Plumbs says she also admitted, prior to their marriage, she had observed child pornography on Daniel's computer.
"She wanted him to delete it, thought it was disgusting and didn't want him looking at it," Plumb says.
A second interview with Alisha was done the next day, prompted by the results of the first interview Plumb says.
"I just got the impression she wasn't telling me the whole story. How did these pictures get taken without her knowledge?"
"During the interview, she did end up confessing to me that she had participated in taking the photograph(s) of the baby and Daniel," Plumb says. "I think she said it was around October or November. Daniel asked her to and she held the camera and took the pictures."
Genesee County Prosecutor David Leyton says he has never seen anything quite like what happened in court Friday adding Alisha had ample opportunity to help the baby, but never did.
Poulos rested after calling three witnesses. Testimony is now done.
Both juries return Tuesday for closing arguments and deliberations.
ABC12 Main Station