08:34 AM CDT on Monday, May 10, 2004

By Ted Streuli / The Daily News

GALVESTON -- Attorneys will interview prospective jurors today to serve in the trial of a 61-year-old Clear Lake Shores man who, if convicted, could face up to six life prison sentences.

KHOU-TV Derwin Dale Livingston

Derwin Dale Livingston is charged with four counts of aggravated sexual assault of a child, a first-degree felony, and two counts of sexual assault of a child, a second-degree felony. Punishment could be enhanced because Livingston was previously convicted of burglary in another state, First Assistant District Attorney Mohammed Ibrahim said.

Livingston was arrested in January 2003 following an investigation by Clear Lake Shores Police and Child Protective Services. He has been in jail under a $1 million bond ever since. He is accused of raping his daughters, one of whom lived with him from 1999 until late 2002 on his sailboat at a Clear Lake Shores marina.

Assistant District Attorney Xocitl Vandiver, who will prosecute the case, submitted 20 names to the court on a witness list, but said she only plans to call eight.

The state offered Livingston a plea bargain last week, but as of Friday the case was still scheduled for trial.

"It’s unlikely to settle through plea bargaining," Vandiver said.

Both girls are expected to testify at their father’s trial, which could last as long as two weeks, Vandiver said.

State District Court Judge Norma Venso will preside over the trial.

Livingston is represented by Galveston attorney John Thoma, who could not be reached for comment.