Santa Clara County Judge Ronald Lisk formally charged 33-year-old Waking Bailey of San Jose with three counts of a lewd act on a child and one count of rape of an incapable person. Then, the judge ordered Bailey to make no contact with his alleged victims and to remain behind bars until his next court date.
Outside the courthouse, Bailey’s fiancée and the mother of his two children said that Bailey is being framed by the Los Gatos Police and the Santa Clara County District Attorney’s Office.
“I worked with the kid who made the allegation. This is not the first time,” said Sekeena Kimbrough, adding, “It was all made up, this is what these kids do.”
Bailey was first accused in 2009 by a 12-year old girl who told police that Bailey sexually assaulted her between 2007 and 2010 while she lived at the EMQ FamiliesFirst facility in Los Gatos. It’s a group home for children who are wards of the state. Bailey was an employee. According to court documents, Bailey entered her room and ordered her to perform oral sex on him. An investigation did not turn up enough evidence.
Then, in 2011 another girl came forward. A 9-year-old living in the same group home told police that on several occasions, Bailey entered her room, performed oral sex on her and touched her body. Both girls also accuse Bailey of forcing them to watch pornography on his cell phone.
While Bailey worked at EMQ in Los Gatos, he was also employed as a teachers aide at AchieveKids, a San Jose facility which serves people with mental disabilities. An 18-year old woman with the mental capacity of a kindergartener told police that Bailey took her on an outing with his family. After dropping off his family, she says, Bailey raped her in the back seat of his car.
Michael Garrett of AchieveKids said that Bailey was put on six-months leave pending the outcome of an investigation, then fired. Garrett told NBC Bay Area that Bailey had passed all required background checks and fingerprinting.
EMQ wouldn’t comment on Bailey’s case directly, but issued a statement regarding their hiring, reading “Prior to employment, job candidates are fingerprinted through the Department of Justice and the FBI in addition to a lengthy interview process and a check of references. Job offers are dependent upon clearance by both the DOJ and the FBI.”
Though Bailey’s fiancée and her mother defend him, saying he’d never do anything inappropriate to a child, the deputy DA prosecuting the case says she believes these three victims aren’t the only ones.
“Because of the nature of his employment, his inclination toward disabled and at-risk youth, we absolutely believe there are more victims,” said deputy district attorney Marisa McKeown. “As part of our criminal investigation, we’ve only scratched the surface.”
The Santa Clara County District Attorney’s office is urging any other victims, or friends, family or counselors who know of other victims, to contact them at (408)792-2608.