June 7, 2019

A Butler County jury deliberated 35 minutes Thursday evening in convicting a Qulin man of molesting a girl in 2016. After hearing from five witnesses and learning of Larry Ray James’ prior sexual misconduct conviction, the jury returned a guilty verdict on the Class B felony of first-degree child molestation at about 6:40 p.m., according to Butler County Assistant Prosecuting Attorney Derek Spencer...

A Butler County jury deliberated 35 minutes Thursday evening in convicting a Qulin man of molesting a girl in 2016.

James
James

After hearing from five witnesses and learning of Larry Ray James’ prior sexual misconduct conviction, the jury returned a guilty verdict on the Class B felony of first-degree child molestation at about 6:40 p.m., according to Butler County Assistant Prosecuting Attorney Derek Spencer.

“The state had evidence from the victim,” said Spencer, who indicated the girl, now 12, was 9 and 10 at the time of the allegations.

The allegations, according to Spencer, were James inappropriately touched the girl under her clothes, as well as over her clothes.

The “main charge” involved James touching her under her clothes, but “the judge allowed her to testify about everything because it had been ongoing abuse,” Spencer said. “Most of the abuse occurred in Poplar Bluff.”

The victim, Spencer said, couldn’t give exact dates as it was ongoing between Jan. 1 and Dec. 31, 2016.

“The victim really did a good job on the stand; she was very credible,” Spencer said.

The girl’s mother also testified and most of her testimony was in regard to establishing when they lived in Poplar Bluff, Spencer said.

Also testifying for the state was Michael Turner, a forensic interviewer now with Great Circle, who “interviewed the child when the allegations became known,” Spencer said.

Turner’s interview with the girl, Spencer said, was shown to the jury.

The “lynch pin” of the state’s case, “we introduced to the jury that the defendant had a prior (misdemeanor) conviction from 1996 out of Dunklin County for sexual misconduct,” Spencer explained.

The state could present that evidence, Spencer said, thanks to the passage of Constitutional Amendment 2 in 2014, which allows evidence of a defendant’s propensity to commit sexual-related crimes against children to be used.

“Usually, you can’t say someone has a prior conviction … (a defendant) in the past done this” and is accused of this now, Spencer said.

Having that evidence admitted, “really helped our case I think,” Spencer said.

The defense, according to Spencer, presented testimony from two witnesses.

“One was a family member of the defendant,” Spencer said. “He testified that the victim’s mother initially did not believe the victim.”

Spencer said the witness testified to hearing that the mother believed the allegations were false.

The defense, Spencer said, also called an investigator with the Missouri Children’s Division as a witness.

“She talked to the mother when they did their initial investigation …,” Spencer said. “The mother basically told her she was unsure about these allegations that her daughter made.”

The mother “now definitely” believes the allegations are true, but the “defense’s evidence was that she initially thought the allegations were false,” Spencer said.

After hearing the evidence and closing arguments, the jury reportedly begin its deliberations at 6:05 p.m.

After returning it verdict, the jury was discharged as sentencing is in the hands of Presiding Circuit Judge Michael Pritchett since James was charged as a prior offender.

“A prior felony (conviction) for tampering with a motor vehicle took sentencing away from the jury,” Spencer said.

Pritchett ordered a sentencing-assessment report be completed by Probation and Parole and set sentencing.

Spencer said Pritchett revoked James’ bond, and he was booked at the Butler County jail. James’ bond now set at $20,000 cash.

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