Nov. 14, 2012 —
Hope’s Place counselor Jenny Kelly testified that she interviewed the alleged victim on Oct. 4, 2011.
Defense attorney James Osborne spent some time asking questions about the incident connected to the sodomy allegations.
Although the alleged victim testified that the incident happened when she and Roe were playing a game, according to Kelly, she made no mention of the game during the Hope’s Place interview.
Trooper Matt Rydner and Trooper Jack Hedges testified about Roe’s arrest and the investigation into the allegations.
Both said that an extension cord ran from the home of the victim to the camper where Roe was living between his indictment in December and his arrest on Jan. 6.
“Roe didn’t react to the allegations as if they were serious,” Hedges said about his initial interview with Roe. “He came forward with the fact that he had an argument with his wife about the allegations but he denied that the allegations were true.”
The defense requested a motion for a directed verdict when the prosecution had called all of its witnesses.
“The Commonwealth doesn’t have any evidence to prove the sodomy charge,” Osborne said.
However, Circuit Judge Rebecca Phillips said that the evidence substantiates the charge and the testimony was sufficient to get the charges to the jury, overruling the motion.
The first witness for the defense was Roe’s son, Michael, who testified that he has visited with his father in December of 2011 in the camper where he had been hiding from authorities. Michael Roe also testified that the camper where the sodomy allegedly took place was not purchased until 2007 which is after the incident supposedly took place.
Debbie Thompson, who has been with Roe for 18 years, was the last witness of the day. She told the jury she was afraid to testify and spent the entire time on the stand in tears.