Victim in rape case claims she made up the story
Prosecutors have asked a circuit judge to send two convicted sex offenders to prison for violating the terms of their conditional release because the men allegedly had children staying for sleepovers in their home.
However, the victim, who filed the charges in their initial case, now says she made up the allegations.
Keith Curtis Finkbonner and his father, James Gibson, both pleaded guilty to one count of first-degree sexual abuse on Nov. 15, 2001, and the victim’s mother, Ellen Spencer, who is deaf, pleaded guilty to criminal facilitation the same day in exchange for a six-month jail sentence.
The trio entered their guilty pleas the day after their trial began.
“Curtis Finkbonner and James Gibson did not rape me,” the victim in the original case, Amanda Spencer, told a reporter outside of court Monday afternoon.
Spencer, who is now 17 years old, said the reason she initially claimed that the two raped her was because a family member had put her up to saying it, and that same family member is trying to get a gun to kill the two men now.
Spencer said she showed up in court Monday because she “wanted to tell the truth that they did not rape me. I don’t want to see them go to jail. I have a little sister and a brother that are his kids, and I don’t want those kids to get their hearts broken.”
Amanda Spencer, who was 11 years old at the time the rapes were allegedly committed, testified during the first day of the trial in 2001 that she was raped and molested repeatedly by Finkbonner and Gibson while she was visiting her mother over the last couple of years.
Finkbonner and Gibson were originally indicted on June 11, 2001, for first-degree rape and first-degree sexual abuse. Ellen Spencer was originally indicted for complicity to commit first-degree rape, and for complicity to commit first-degree sexual abuse.
Chief Assistant Commonwealth’s Attorney Robert Stephens said Spencer’s revised statement in no way changes the commonwealth’s position in the case, especially in terms of asking for them to be sent back to prison for violating the terms of their conditional release.
“Both of these defendants in open court stood up and told the judge that they were pleading guilty for no other reason than that they were guilty just like every other person that pleads guilty in Whitley Circuit Court,” Stephens said. “They both pleaded guilty to it. I believe they are guilty.”
Stephens said that once the two men had completed their three-year prison sentences, under state law another three years was added onto their sentence, but that time was conditionally discharged provided the men abide by certain conditions, which included not having children over to sleepovers at their home.
“That is an extra three years that is tacked onto their sentence. If they violate certain things, they then pull the balance of that three year sentence,” Stephens said.
During the probationary period after the men were released, Stephens said social services went to their home and found children, who were staying overnight there for sleepovers.
“Other violations were reported to their probation officer, who filed an affidavit with us, and we filed a motion to revoke their conditional discharge,” Stephens said. “When they appear in court, we will have a hearing on a motion on that to make them serve the balance of that three years.
“The basis for us moving to revoke them on their conditional discharge is you have convicted sex offenders having children over for sleepovers.”
Neither Finkbonner nor Gibson appeared in court Monday.
Judge Jerry Winchester issued a bench warrant for their arrest.




