Journal-Times (Grayson, KY)

Local News

November 21, 2012

Roe convicted of sex abuse, cleared of sodomy

(Continued)

Nov. 21, 2012 —

Roe took the stand in his own defense when the trial resumed Wednesday. He called the victim a liar and said that he never touched her inappropriately.

Roe claimed no conversation about a cellphone occurred on the night of Sept. 29, as the victim had testified. Roe said on the evening of Sept. 29, 2011, Thompson confronted him about the victim’s allegations and the two adults briefly argued.

Roe said he felt betrayed by the victim’s allegations but denied ever offering her a cellphone for sex or touching her in an inappropriate manner.

When witness testimony was complete, defense attorney James Osborne renewed his motion for a directed verdict on both charges, stating the commonwealth did not prove the case against Roe and that testimony was inconsistent. Judge Rebecca Phillips overruled the motion.

Commonwealth’s Attorney Gary Conn asked that the indictment be amended to conform to proof that was shown. The indictment claimed the crimes in question occurred in 2006 but testimony during the trial indicated both incidents occurred between 2004 and 2005.

During closing arguments, Osborne called the commonwealth’s case “smoke and mirrors.”

“If you look at what Mr. Roe is accused of, you will find that there is nothing there,” Osborne said. “What they have does not prove beyond a reasonable doubt that Mr. Roe committed these acts.”

Osborne said the victim made the allegations because she was unhappy at home and wanted to live somewhere else, and she also wanted a cellphone.

Conn said it was a difficult task to make a decision about a case that involved sexual crimes but asked the jury to return a guilty verdict.

“When a young girl or a young woman reports this kind of crime, they are the ones who get put on trial,” Conn said. “The crimes that happen privately are the ones that are reported the least. Consider the victim’s motivation to make these allegations compared to Mr. Roe’s motivation to deny them.”

Roe will return to Circuit Court at 3 p.m. on Monday, Dec. 17, for sentencing.

Leeann Akers can be reached at lakers@journal-times.com or by phone at 474-5101.

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