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Jury gives Corbin man 20 years for sexually abusing three children
Posted On 30 Jul 2014
David L. Mayes
There were no eyewitnesses to the crime. There was no DNA, nor any forensic evidence.
The case against 22-year-old David Lee Mayes of Corbin was the word of three siblings, who were all under the age of 12 years old when the crimes allegedly occurred.
The two brothers told jurors that Mayes, who was living with their mother at the time, physically abused them in 2010. Their sister told jurors that Mayes raped and sodomized her.
The 10-woman, two-man jury deliberated for just over two hours before convicting Mayes Thursday afternoon on two counts of first-degree criminal abuse, two counts of first degree rape, first-degree sodomy and first-degree sexual abuse.
The jurors, who returned to the courtroom about 5:45 p.m., all responded with "my verdict" when polled by Circuit Court Clerk Gary Barton.
"It was one of those cases where you had to believe the children. The children were the witnesses. They were the only witnesses," said Commonwealth’s Attorney Allen Trimble, the prosecutor in the case.
"These kids I’m absolutely confident that they are telling the truth. What has happened to these kids after they told this story has been a complete disruption of their life. They have been separated. They are living in different places.
"These kids maintained this story even in light of a lot of personal hardship and depravation. I’m glad the jury did what they did."
Tears flowed on both sides of the courtroom after the verdict was read.
After jurors left the courtroom, the victims received hugs from family members and supporters inside the courtroom.
Mayes also cried after the verdict and appeared stunned as he sat at the defense table shaking his head after the verdict was read.
"There is no evidence, none," Mayes mother could be heard saying before leaving the courtroom visibly upset.
During his closing argument, defense attorney Tim Despotes criticized the prosecution case noting the lack of evidence in his unsuccessful bid to get his client acquitted.
"What investigation was there in this case? Practically none," Despotes said. "Just because the child said it doesn’t make it so. There is no objective proof it did go on."
Trimble noted during his closing argument that child abuse is a crime that doesn’t occur when there are witnesses.
"He did it when no one was looking. He did it secretly to avoid getting caught," Trimble argued. "The tiniest witness, if you believe them, is all you need."
Sentencing hearing
Only two witnesses were called to the stand during the sentencing hearing.
Kentucky Probation and Parole Officer Billy Stephens testified that Mayes would have to serve 85 percent of his sentence or 17 years before becoming eligible for parole, if he received the minimum of 20 years in prison on the rape and sodomy charges.
For any sentence over 24 years, Mayes would be eligible for parole after serving 20 years in prison.
Despotes called only one witness during the sentencing hearing, Mayes’ fiancé, Katelyn Trent.
Trent, who graduated from Corbin High School in 2014, testified that she met Mayes on a dating site in 2013, and that she is 30 weeks pregnant with his child.
Trent asked jurors to sentence Mayes to the minimum sentence, which was 20 years in prison.
"I don’t want my kid to be without a dad," she testified.
Jurors had the option of sentencing Mayes to the maximum of life imprisonment on the rape and sodomy charges.
Confession?
Mayes didn’t take the stand to testify during the trial, but he did briefly give a nearly 90-second tear-filled address to jurors before they left the courtroom to decide his sentence.
"I know what you all found me guilty of is a very heinous crime. It is very sick and I understand that. All I ask is please don’t take my life from me," Mayes said.
Even with the minimum sentence of 20 years, Mayes noted he would be behind bars for at least 17 years and would be at least 40 years old before he is released.
"Inside prison there are things like counseling and classes that I can take. Through them I think that even though you guys have found me guilty. Yes. OK. You guys have found me guilty…
"17 years in prison is a really long time. It is a lifetime. It is more than enough time for anyone to realize the mistakes they have made and what they did wrong. I ask you guys please do not to take me from my child. I don’t know what more to ask."
Jurors deliberated for about 20 minutes before returning to the courtroom shortly after 8 p.m. and recommending the minimum sentence on all charges.
They recommended five years in prison for each criminal abuse charge and the sex abuse charge.
Jurors recommended 20-year prison sentences for the two rape charges and the sodomy charge.
They recommended that all six sentences be served concurrently or at the same time. Jurors could have recommended that all or part of the sentences be served consecutively or one after the other.
Circuit Judge Paul Winchester scheduled an Oct. 20 formal sentencing date. Mayes will have to undergo a sex offender evaluation before his sentencing hearing.
Before Mayes left the courtroom, Winchester allowed him to briefly hug his fiancé.
Trimble said he was very pleased with the verdict and had no gripes about the sentence.
"I certainly appreciate the collective wisdom of the jury. That’s what they thought the proper verdict and sentence was," Trimble noted.
Despotes said that while he disagreed with the jury’s verdict he did appreciate the sentence that they rendered.
Despotes said that he would be filing a notice of appeal in the case.
Charges are still pending against the victim’s mother, Tonya Trosper, 34, who will be tried separately in connection with Mayes’ case.
Winchester scheduled a Nov. 18 trial date in Trosper’s case during a hearing Tuesday.
Trosper’s attorney, B.J. Foley, noted that his client "fully maintains her innocence."
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My brouther is innocent no sighns of abuse at all hello if he did it there would have been prof
My brouther is innocent no sighns of abuse at all hello if he did it there would have been prof
He may have said this…”Inside prison there are things like counseling and classes that I can take. 17 years in prison is a really long time. It is a lifetime. It is more than enough time for anyone to realize the mistakes they have made and what they did wrong.” It doesnt mean he did it. He was scared and knew that what ever he was saying wouldnt matter. That man didnt touch them kids if he did there would have been evidence. Im sorry that girl is still a virgin tuere for she still has her cherry attached. If he would have raped or sodimized her than she would have been torn and there would have been evidence. Wake up America this could have happened to anyone. Justice will be served! Im telling you he didnt do that to them kids! !!
He may have said this…”Inside prison there are things like counseling and classes that I can take. 17 years in prison is a really long time. It is a lifetime. It is more than enough time for anyone to realize the mistakes they have made and what they did wrong.” It doesnt mean he did it. He was scared and knew that what ever he was saying wouldnt matter. That man didnt touch them kids if he did there would have been evidence. Im sorry that girl is still a virgin tuere for she still has her cherry attached. If he would have raped or sodimized her than she would have been torn and there would have been evidence. Wake up America this could have happened to anyone. Justice will be served! Im telling you he didnt do that to them kids! !!
He may have said this…”Inside prison there are things like counseling and classes that I can take. 17 years in prison is a really long time. It is a lifetime. It is more than enough time for anyone to realize the mistakes they have made and what they did wrong.” It doesnt mean he did it. He was scared and knew that what ever he was saying wouldnt matter. That man didnt touch them kids if he did there would have been evidence. Im sorry that girl is still a virgin tuere for she still has her cherry attached. If he would have raped or sodimized her than she would have been torn and there would have been evidence. Wake up America this could have happened to anyone. Justice will be served! Im telling you he didnt do that to them kids! !!
He may have said this…”Inside prison there are things like counseling and classes that I can take. 17 years in prison is a really long time. It is a lifetime. It is more than enough time for anyone to realize the mistakes they have made and what they did wrong.” It doesnt mean he did it. He was scared and knew that what ever he was saying wouldnt matter. That man didnt touch them kids if he did there would have been evidence. Im sorry that girl is still a virgin tuere for she still has her cherry attached. If he would have raped or sodimized her than she would have been torn and there would have been evidence. Wake up America this could have happened to anyone. Justice will be served! Im telling you he didnt do that to them kids! !!
I’m Sorry but DAVID IS INNOCENT! This man isn’t an abuser at all. 3 CHILDREN says he did it. CHILDREN! What Child under the age of 12 knows the word Sodomized or even what it means? David Lee Mayes is INNOCENT! He is not a rapist or a child abuser. THIS MAN HATES CHILD ABUSE AND RAPE. He is a father and a loving man. I stand beside Katie and His family, even though i am not there physically. David is a great man and a great friend. I would trust him to watch my future kids in a heartbeat. I believe Nikki when she says there would be SOME KIND of Evidence. “A doctor was a witness to the prosecutors case told the jury there was no signs of any abuse on any of the children. In addition, a social worker on the defense side also said there were no signs of ANY kind of abuse or neglect. I’m sorry… but if my brother continually raped and sodomized the girl, there would be some type of evidence. I personally do not believe David committed this crime.” RE-read the first line of the article. “There were no eyewitnesses to the crime. There was no DNA, nor any forensic evidence.”
If there is no DNA nor any Evidence then why in the hell is my brother in Jail? Yes… MY BROTHER! We are not blood related but he is my friend and i consider him my brother.
Nikki and Katie and Family… Hang in there… its about to be a long bumpy ride but APPEAL this decision.
NIKKI,
OUR BROTHER WILL BE FREE! HE IS INNOCENT!
“Inside prison there are things like counseling and classes that I can take. 17 years in prison is a really long time. It is a lifetime. It is more than enough time for anyone to realize the mistakes they have made and what they did wrong.”
Those don’t sound like the words of an innocent man to me! Seems like an innocent man would have said something like I’m innocent or I did not commit this crime I am being accused of!
HELLO PEOPLE! GET A CLUE!
Wake up America are we really going to allow a false justice like this .Clearly this young man is totally innocent.How could anyone even try to say this young man is guilty in my eyes no Proof no crime as our law states Are we really going to sit idle and let this young man spend a huge part if his life in prison for nothing Really wake up.THIS COULD HAPPEN TO U OR ME UR BROTHERS UNCLES FATHERS COUSIN OR GRANDFATHERS
This is the news article about my brother David Mayes. Convicted with no evidence! It was the children’s word against his. How on Earth is that proof beyond a reasonable doubt? Where is the justice in that? A doctor was a witness to the prosecutors case told the jury there was no signs of any abuse on any of the children. In addition, a social worker on the defense side also said there were no signs of ANY kind of abuse or neglect. I’m sorry… but if my brother continually raped and sodomized the girl, there would be some type of evidence. I personally do not believe David committed this crime.