It did not appear to come as a surprise to anyone in Jones County Superior Court last week when the not-guilty verdict was read following a trial in which the evidence boiled down to the testimony of the complainant.
Without physical evidence, it was a tough case to win.
The charge was child molestation that was alleged to have taken place four years ago. The complainant was 15 at the time of the allegation and in foster care.
The case was prosecuted by Assistant District Attorney Cara Fiore, and public defender Tom O’Donnell represented the defendant. Superior Court Judge Terry Massey presided over the trial.
The jury received the case for deliberation March 27 at 11:21 a.m. They had a question for the judge at 11:49 and had a verdict at noon.
O’Donnell’s closing arguments at the conclusion of the evidence focused on the impact of an outcry of molestation.
“One outcry changes your entire life. The hardest thing you can defend is something that is untrue. It’s hard to prove a negative,” he said. “We are all vulnerable.”
The defense attorney said the testimony of one person is enough for a conviction.
“If you believe them,” he added.
O’Donnell told the jury there was no doubt in his mind that complainant lied.
“Why would she say that? She’s smart and wanted out of foster care,” he said.
The defense attorney said a child molestation case is the only time he wants the defendant to testify to tell their side of the story.
Fiore countered in her closing that it was the complainant who was vulnerable. The prosecutor said she was 15 years old with a new baby.
“He threatened they would take away her baby,” she said.
Fiore said it has been four years, and the young mother is out on her own with a job and taking care of her son.
“Why would she still be saying it? You could see she doesn’t want to talk about it and just wants it behind her,” the prosecutor added. “He saw her as weak, but she was brave.”
State’s case
Jury selection took place March 25, and the trial began the morning of March 26. The evidence began with the testimony of the complainant. She was in foster care in the home of the defendant when the allegation took place.
The witness told the court the defendant acted weird with unwanted hugs and winks and at one point had touched her ‘private parts’ on top of her clothes.
“I jumped up and told him I felt that,” the complainant testified.
During her testimony, it was revealed that she had a baby while in foster care. She said the defendant had threatened her with having her baby taken away if she told what had happened.
The only emotion showed by the complainant was when describing the occurrence, first in her direct testimony and then the several times the defense attorney asked her to repeat again and again what she claimed happened during his cross examination.
Oddly enough, it was during the testimony of a defense witness, Brandi Cunningham, who was a supervisor at the Jones County Department of Family services when this occurred, who really shed light on the circumstances of the complainant.
The witness said the 14-year-old was abandoned by her father, who emotionally abused her but was her only caregiver, when it was discovered she was pregnant.
“She was angry and sad,” Cunningham said.
The witness said it had been a family preservation case before the child was placed in foster care. She said the father had not allowed medical care, and at one point the 14-year-old had tried to harm herself.
The complainant’s therapist, Vaishali Jordan, testified that she was called by the teenager asking to be picked up because she was uncomfortable in the home. Jordan contacted DFCS and was the one to pick up the complainant and her baby.
Jones County Sheriff’s Office Investigator Lt. Kenny Gleaton testified to his investigation of the case. He said the complainant was taken to the Crescent House in Macon and interviewed the day after her removal from the home.
He watched the April 2, 2020, forensic interview via closed circuit television and secured warrants for the arrest of the defendant.
The interview was shown during the testimony of the interviewer, Tracey Hartley.
The state rested its case, and it was time for the defense to present its case.
Defense
Kandice Stinson with DFCS testified to the removal of the child. She said no questions were asked of the complainant or foster family as is procedure when a case is being investigated.
During Cunningham’s testimony, she said the defendant and his wife had fostered children since 2016 with no previous issues. She said the investigation resulted in the closure of the foster home.
The next witness was the defendant’s wife. She said 13 foster children had come through the home. She did say the family was reluctant to take in a teenager but agreed to keep her for a month.
The wife said the defendant did not follow the rules of the home. The witness said she kept the baby a lot at night. She also said she fed and bathed him every day before taking him to her room.
The defendant testified that the complainant acted mad at him all the time, and he let his wife handle her. He denied all the allegations of hugging, winking and any touching.
He said he worked with children at Central State Hospital for 28 years and knew how to treat them, by giving them space.
The defense rested its case.
