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More details in a high-profile child sex abuse case emerged last week when both defendants and the main witness in the case appeared in court for a preliminary hearing.
The initial allegations made national news upon the arrest of Delta co-pilot, Rustom Bhagwagar, from the runway in late July.
Bhagwagar and Jennifer Spitz Powell joined prosecutors and their own defense attorneys in the courtroom at the AF Bray Courthouse in Martinez on Aug. 29, during which their alleged respective roles in the abuse became more clear.
The alleged abuse occurred when the two defendants were in a romantic relationship from 2017 to 2022, with Spitz Powell being charged with aiding and abetting – and sometimes participating – in the abuse that Bhagwagar allegedly inflicted on a relative of Spitz Powell’s when the child was between the ages of 6 and 11.
The hearing, aimed at providing both sides an opportunity to present evidence and witnesses in the case, centered on testimony from CCSO Deputy Stephen Coupe, and his account of a forensic interview with the anonymous, underaged plaintiff.
Coupe said that the plaintiff’s first memory of sexual abuse was when the then-couple lived at Spitz Powell’s parents’ house in Alamo at 6 years old, and that the abuse escalated once they moved into a separate home in Walnut Creek at the start of the COVID-19 pandemic.
Although the case centers on child sexual abuse, Bhagwagar was allegedly physically and verbally abusive in other ways to both the child and Spitz Powell, including holding the child’s hands under boiling water, throwing a pet from the balcony, and threatening further harm to Spitz Powell if the child didn’t comply with sexual abuse.
According to Coupe’s account of the plaintiff’s interview, the sexual abuse would occur whenever Bhagwagar was in town, sometimes with Spitz Powell present. While a majority of the abuse in the 24 charges facing both defendants was alleged to be directly by Bhagwagar, Spitz Powell allegedly aided and abetted in all of the sexual abuse by allowing Bhagwagar access to the plaintiff.
While neither Spitz Powell nor Bhagwagar took the stand at last week’s hearing, Coupe’s testimony included an account of a recorded phone call between the plaintiff and Spitz Powell. According to Coupe’s account, Spitz Powell indicated that she knew about some, but not all, of the abuse. She said it was “hard to explain” when confronted about the first alleged incident but that she had tried to put a stop to the abuse, according to Coupe’s account.
Following that call, Spitz Powell would go on to participate in the investigation herself, ultimately resulting in Bhagwagar’s prominent arrest at San Francisco International Airport. In a call recorded by investigators between Spitz Powell and Bhagwagar – who had been separated for more than a year at that point – Bhagwagar allegedly said that he “knew it was a matter of if not when he would get into trouble,” according to Coupe.
Bhagwagar was evasive over the phone with Spitz Powell, Coupe said, ultimately concluding the conversation by saying he would fly to San Francisco to discuss the matter with her in person. When that flight landed, he was taken into custody from the cockpit by federal and Contra Costa County authorities on July 26.
Despite her cooperation with authorities, Spitz Powell was taken into custody days later upon turning herself in once charges were brought forward.
At the conclusion of the preliminary hearing, Superior Court Judge Julia Campins found sufficient evidence to hold both Spitz Powell and Bhagwagar to answer on all 24 counts they are facing.
The two defendants both remain at the Martinez Detention Facility on $15 million bail each. They are set for an arraignment hearing on Sept. 16 at 8:30 a.m.
