SALEM – A Superior Court jury this week convicted a Lynn man of inappropriately touching his girlfriend in 2009, but found him innocent of the most serious charges.Nelson Nunez, 43, formerly of 58 Sheridan St., Lynn, went on trial on charges of assault with intent to rape, indecent assault and battery on a person over age 14 and assault with a dangerous weapon arising out of an incident as his home on Aug. 22, 2009.The jury deliberated over a three-day span before reaching their decision late Thursday afternoon, finding Nunez guilty of indecent assault and battery on a person over age 14, but innocent of assault with intent to rape and assault with a dangerous weapon. One deliberating juror had to be replaced because of a personal obligation during the three days of deliberation and the jury panel, comprised of six women and six men, had to start their deliberations all over again.Because of the lateness of the verdict, shortly before 5 p.m., Judge David A. Lowy, who presided over the trial, delayed sentencing until next Wednesday afternoon, Oct. 27, in Salem Superior Court.Meanwhile Nunez, who faces up to five years in state prison on the charge, remains held at the Middleton Jail until his penalty is imposed.Prosecutor Michael Patten said he did not know what punishment he would ask for.During the nearly two-day jury trial, Patten presented evidence showing that between 1 a.m. and 2 a.m. on Aug. 22, 2009, Nunez removed his 43-year-old girlfriend’s garments as he tried to rape her at knifepoint in their bedroom.The victim testified that Nunez, who apparently had been drinking, held her down, removed her clothes while holding a butcher knife over her head. He had his hand around her throat and threatened to kill her, she said.Nunez reportedly told police when they responded to the scene that he “just wanted sex.” Police said there was a strong odor of alcohol on Nunez and his eyes were swollen and puffy.Defense lawyer Joseph Collins maintained the incident described by the victim never happened at all.However, Collins was successful in arguing before the jury that his client did not try to rape his girlfriend and that there never was an assault involving a knife on her as described by the victim.
