Judge Rules Victim Won’t Testify In Molestation Case
Posted
Michael Anderson-manderson@timesuniononline.com
The alleged victim of child molestation will not testify in the trial of the man who is accused of the crime. In a ruling by Kosciusko Superior Court I Judge David Cates, before the jury trial began on Tuesday, Cates ruled the 5-year-old child could not understand an oath and therefore is incompetent to testify. Instead, the state will introduce a video of an interview with the girl conducted by Child Protective Services. Jonathen Raven Lovelace, 23, is facing one charge of child molestation resulting from an alleged incident in October. Prosecutors contend that while playing games with the girl, he had the girl touch his privates under a bed. Katy Hampton, chief deputy prosecutor, said in her opening statement that Lovelace often played games with the girl. “But the games took a dangerous turn” on the night in question, she said. Lovelace’s attorney, Matthew Buehler, said this case was all about “misinterpretation and misunderstanding.” Throughout the case, he said, all the jury would hear is people testifying as to what they “think” the 5-year-old meant. “What you won’t hear is any physical evidence,” he said. The girl’s mother testified that on Oct. 27 Lovelace, her husband’s estranged son, came to their house. Her daughter and Lovelace would often spend time together and play games, she said. Her daughter called him “Bubby” and had a great relationship with him. As they were playing on Oct. 27, Lovelace and the girl were under a bed. The mother testified she told them to get out from the under the bed because the girl had hurt herself playing under the bed previously. About 15 minutes later, her husband suspected something was wrong because it had got too quiet. He went to the bedroom to tell them to get out from under the bed, he testified. The mother testified that about three days later, as she was getting the child ready for her bed, her daughter told her she had a secret. “I touched Bubby’s privates” the girl told her mother. The mother testified this was a total shock to her and she wasn’t quite sure how to handle the situation. She put the girl to bed. In the morning, she discussed the situation with her daughter once more, then called police after work. Police responded to the scene and set up an interview with Child Protective Services. The girl’s father testified that he first met Lovelace several years ago, after Lovelace tracked him down, since he was his biological father. “I knew just by looking at him he was my son,” he said. He added he later was tested to prove paternity. Buehler questioned the relationship between the father and Lovelace. “That must been hard, to have a 20-year-old son you never knew existed,” he said. The father said that relationship had been strained off and on, but he treated Lovelace like a son and even allowed him to live in the house at one time. Warsaw Police Department Detective Sgt. Brad Keller testified that he responded to the scene and looked for evidence. A piece of a carpet was removed and sent to the state lab, but showed negative for DNA. The trial is scheduled to conclude today. After all the evidence is heard, the seven-woman, five-man jury will render its verdict. Lovelace, who has two prior unrelated felony convictions – one for entering a vehicle in Douglas County, Ga., and a robbery conviction in Kosciusko County – is being charged under the habitual offender sentence enhancement. If convicted, he could face eight to 32 years in prison.
