Jurors heard opening statements Tuesday in the trial of a Columbia Falls man who is charged with two felony counts of sexual intercourse without consent and three counts of felony sexual assault.

Prosecutors allege Pete Ampudia, 49, inappropriately touched two 5-year-old girls who attended the Little Engine That Could day-care center between April 2003 and April 2008.

Charges were later amended to include a third alleged victim, a 4-year-old girl who attended the day care between December 2007 and April 2008.

Ampudia and his wife had operated the day care out of their home since August 1996, and Ampudia became a licensed caregiver in September 1999. His wife still operates the day-care center, although Ampudia is not allowed to be there during hours when children might be present.

Flathead County deputy attorney Travis Ahner opened the state's case by asking the jurors to keep in mind what the young girls will say in the midst of testimonies by law enforcement and expert witnesses.

"A test of a single witness, if believed, is enough to convict Mr. Ampudia," Ahner said in his brief opening statement. "Don't lose sight of what those two little girls will tell you about what he did to them."

In response, defense attorney Julianne Hinchey introduced her opening argument by encouraging jurors to focus on three red flags, or the three "I's," which she explained as inconsistencies in the children's claims, influences by parents and law enforcement, and an investigation whose methods she questioned.

Hinchey presented a diagram of the day-care facility to jurors, which she defined as "a small busy space a little larger than a double-wide trailer."

On April 11, 2008, Ampudia was questioned for two hours by Flathead County Detective Kip Tkachyk, during which Ampudia denied the allegations 28 times, Hinchey said.

Hinchey told the jury that the mother of one of the girls who alleged inappropriate touching was a struggling single mother who owed the Ampudias money for child care, and continued to take her children to the day care for two more days after she said she was told of the abuse by her oldest daughter.

"What sense does that make, that you would drop this child off at this day care after she's been abused?" Hinchey queried.

The defense attorney continued to encourage jurors that the children may have been influenced by parents and by the numerous adults who interviewed them. Hinchey also said that one of the girls, when asked about Ampudia, initially denied that he had touched her inappropriately, only to say weeks later that he had done so.

"You will have to decide whether [the child] is fabricating the whole thing," Hinchey said, adding that she does not believe the girls lied maliciously. "Children that are 5 years old are highly suggestible. Are the words of little girls believable, reliable and credible?"

The alleged abuse occurred during or immediately after nap times, according to court records. Two of the girls disclosed the alleged abuse to their mothers, who notified the Montana Department of Public Health and Human Services and the Flathead County Sheriff's Office.

If convicted of all charges, Ampudia, who has no criminal history, faces a maximum penalty of 500 years in prison and a $200,000 fine.

The trial resumes today at 9 a.m.

Reporter K.J. Hascall may be reached at 758-4439 or by e-mail at kjhascall@dailyinterlake.com