Friday, October 10, 2008
Sex-crime verdict is revisited
The defense asked that a Radford conviction in the abuse of an 8-year-old girl be set aside.
RADFORD -- The verdict against Hawthorne Reed Jr., a minister convicted of sexually abusing an 8-year-old girl, should be set aside, the man's attorney argued Thursday in Radford Circuit Court.
Defense attorney Everett Shockley offered two reasons:
n The victim's testimony was "uncorroborated, inconsistent and incredible as a matter of law."
n A videotape of police interrogating the man allowed the prosecution to present the jury with opinions and assertions that wouldn't have been allowed if those same officers were testifying in court.
"If she can't do it on the witness stand, they can't bring it in the backdoor by videotaping it beforehand and playing it at trial," Shockley argued. "Same damage, judge."
Radford Commonwealth's Attorney Chris Rehak said the trial was fair and the verdict should stand.
"The defendant wanted a trial," Rehak said. "He got a trial. The Radford jury didn't believe him."
Reed, 63, was convicted in June of two counts of forcible sodomy and one count of aggravated sexual battery. The girl, now 16, said the events happened in 2000, but she didn't tell anyone until six years later.
The Roanoke Times is not identifying the girl because of the nature of the case. She doesn't live in Virginia.
Both Reed and the girl testified during the one-day trial. The girl told a jury of five men and seven women that she often visited Reed's home. One July afternoon, she said, Reed offered to massage her with baby oil. As he did, she said, he pulled her clothes off, kissed her neck and body and performed oral sex on her.
It happened again the next day, she said.
Reed declared his innocence at his trial.
"I did not do anything to this child," he testified. "I'm not guilty of it."
The jury that found Reed guilty recommended that he be imprisoned for 11 years and fined $5,000. He has been held in the New River Valley Regional Jail in Dublin since.
Reed raised his handcuffed hands to wave at supporters Thursday on his way into and out of the courtroom. He did not speak during the proceedings.
Rehak belittled Shockley's arguments.
"The defense is trying to make a mountain out of a molehill," he said.
There was nothing wrong with showing the 49-minute video, Rehak said. The jury also received a 27-page transcript. Even if there were something wrong with showing the video, it wouldn't matter, Rehak argued, because a victim's testimony is enough to convict.
"Anything else that's extra is icing," Rehak said.
What the tape showed, he said, was a standard good cop, bad cop routine. Police are allowed a certain amount of trickery and deceit, he said. In some circumstances, they can "flat-out lie," Rehak said.
Imagine how police would have to interview suspects if Shockley's motion is granted, Rehak said to Radford Circuit Court Judge Joey Showalter.
Shockley countered that police wouldn't have to change their techniques, they just couldn't play videos of them in a courtroom. The defendant's right to confront his accusers is more important than whatever technical advantage the prosecution thinks it gains by playing a video, the defense attorney said.
Showalter said he would rule on the motion on Dec. 4. He told both sides to come prepared for a sentencing hearing in case he allows the verdict to stand.






