A motion to overturn the conviction of Timmy Crockett and either acquit him or grant him a second trial was denied on Monday.
Crockett was convicted of second-degree sexual assault in July following a jury trial.
His attorney, David DeMoss, raised several issues that he believed called for the motion to be accepted, including a false statement by the detective to the grand jury and an errant statement by the prosecutor during trial.
DeMoss said during the trial, Assistant Prosecuting Attorney Gabrielle Mucciola referenced protective orders the victim obtained against both Crockett and a witness, Joey Smith, who was in the room at the time of the assault.
Prior to the trial, Judge Phillip Gaujot ruled that the protective order against Crockett could not be brought up, as it could be prejudicial.
DeMoss said the remark could have influenced the jury since it implied another judicial official found cause against Crockett.
Mucciola said her question was intended to get the witness talking about when the victim passed out while obtaining those protective orders and she was just thinking about the facts of the case when she mentioned both protective orders.
Despite the slip, Mucciola did not mention that the orders were granted, only that the victim was seeking them and there was plenty of other evidence the jury heard that could be the basis of their conviction, she said.
Gaujot agreed and said it was an insignificant matter when the entire case was considered.
“So, my ruling is there was clearly, in the court’s mind, sufficient evidence to find guilt, which the jury found,” Gaujot said.
During the grand jury, the investigating detective, R. Kerns of the Granville Police Department, said that Smith’s testimony corroborated the account provided by the victim — an absolutely false statement and fatal to the case, DeMoss said.
Smith, who was in the room during the assault, testified he heard Crockett’s belt come off, heard the bed rocking and the victim tell Crockett to stop — at which point he did, DeMoss said.
Mucciola said Smith was not a friend to either the defense or prosecution and he consistently gave his opinions about the case during the trial — such as his belief the sex was consensual — and when those opinions are removed, his statement does match the victims’.
DeMoss raised the issue of Kerns’ grand jury testimony while he was on the witness stand and the grand jury transcript was shown to jurors.
As DeMoss took advantage of the opportunity to impeach Kerns, Gaujot denied the motion.
Crockett faces 10-20 years in prison and is scheduled to be sentenced later this week.
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