Published: June 27, 2008 09:32 am      

Child sex crime trial continues

Editor’s note: The following article contains graphic material of a sexual nature and may not be suitable for young readers

Danie M. Huffman

wdreporter2@yahoo.com

Pin drops could be heard in the 415th District Courts building Thursday as the first victim of sexual abuse charges testified for hours.

The victim, 15 at the time of the incidents, appeared shy, reserved and hesitant.

She held her head down as her alleged abuser sat across the courtroom, but looked up to identify him for the jury.

James Kevin Pope, 42, stands trial this week for 45 counts of sexual assault of a child and sexual performance of a child against three young girls. The incidents reportedly happened countless times over the course of three years.

Pope sat all day with his head down, never looking at the victim or jury during her testimony.

Jurors paid attention with almost no expression, while courtroom observers wiped tears after listening to the victim testify about sexual performances she was “made to do” to Pope and what he did to her “lady parts.”

She went into graphic details about specific incidents where Pope had her and two other victims join in the acts, while he both watched and participated. She said a “routine” was set while the victims were made to “rotate turns.”

She added they were not allowed to leave until Pope was sexually satisfied.

Prosecutors, Kathleen Catania and Robert DuBoise, represented the state’s case, asking the victim if she considered telling someone about the abuse before it was reported by a family friend.

Pope’s defense attorney, Rick Alley, questioned the victim, proposing the teen had a choice to simply remove herself from the situation.

The victim stated she was fearful to tell and worried about the other victims.

“I was afraid of being separated from [two other victims in the case],” she said.

Catania diagramed a calendar outline for the jury based on the victim’s testimony, recalling approximate dates of the abuse.

As Alley cross-examined the victim, he questioned each date and incident.

The judge ordered the jury from the courtroom and asked if his questioning of the dates weren’t “repetitious,” saying it was “a re-statement of what the state has introduced.”

Catania alleged Alley was trying to discredit the victim.

“He wants to challenge her [and] it’s there in black and white,” Catania said.

Alley admitted he was seeking discrepancies in her testimony, but thought his line of questioning was valid.

Judge Graham Quisenberry ruled the line of questioning was not warranted.

“I’m not going to permit you to ask the very same questions the state already asked,” he told Alley.

Alley stated his ruling was “an improper limitation on the defense counsel,” but agreed to follow Quisenberry’s orders.

Once the jury returned to the courtroom, Alley continued questioning the victim about how many times she performed sex with Pope.

The victim stated only three times, but testified to numerous incidents during the prosecution’s presentation.

“Well, now you’ve got me confused,” the victim stated, appearing confused between sexual intercourse and sexual acts.

Once again, the jury was removed from the courtroom, while the state and defense argued over the correct terminology.

The judge allowed the questioning to continue and allowed the jury to return.

Under redirect from Catania, the confusion was ironed out, noting sexual acts were different from sexual intercourse.

The defense counsel asked the victim if she thought what she did was sinful.

Catania, under redirect, allowed the victim to elaborate. She told the court she thought Pope’s actions were sinful, and that she would not have performed the acts had it not of been for Pope.

Alley suggested Pope never threatened the victims with weapons or force, but the victim testified that he displayed a handgun during other incidents not related to the case.

The victim was allowed to step down from the stand, but the defense reserved the right to recall her later if necessary.

Judge Quisenberry placed a media order on the trial, prohibiting either counsel to speak with news outlets until the trial is completed.

He also instructed the jury to refrain from reading newspapers or discussing the case outside of the court.

Two additional victims are expected to testify in the case today.

See Sunday’s edition of the Democrat for continuing coverage.