Sex abuse trial begins in Boyd

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January 8, 2009

By KENNETH HART - The Independent The Daily Independent Thu Jan 08, 2009, 11:52 PM EST

CATLETTSBURG — Jurors on Thursday heard opening remarks in the trial of a Boyd County man accused of multiple sex crimes against two young boys.

Robert R. Davis, 40, of Rush, is charged with 48 counts of third-degree sodomy, one count of first-degree sodomy, one count of criminal attempt to commit first-degree sodomy and one count of criminal attempt to commit an unlawful transaction with a minor. He could be sentenced to up to 50 years in prison if he is convicted.

The charges involve two victims, both of whom are related to Davis. The older of the victims was 14 when the alleged abuse began in 2002, and it continued until he was 16, Assistant Commonwealth’s Attorney Scott Reese said.

The younger boy was 11 when Davis allegedly attempted to persuade him to perform sexual acts on him, Reese said. However, the youngster refused Davis’ advances and told his father what had happened, he said. The father, in turn, contacted the Kentucky State Police, which launched the investigation that led to Davis’ arrest and indictment.

According to Reese, now-retired KSP Detective Mark Padgett, who began the investigation, learned from talking with the younger boy and his father that Davis had allegedly engaged in sexual activity with the older youth. In his initial interview with Padgett, Davis admitted he had had sex with the older boy, but said it happened “a long time ago,” Reese said.

Later, in an interview with then-KSP Detective Aaron Martin, who took over the case after Padgett retired, Davis admitted that he had engaged in oral and anal intercourse with the older boy more than 50 times, Reese said. He also told the detective there were times when the boy was not willing “and that maybe he had gotten a little too rough” with him, he said.

Reese also told jurors that the abuse began to grow less frequent as the boy grew older.

“The defendant lost interest in him,” he said. “The defendant started grooming (the younger boy), but he wouldn’t go for it.”

Reese said both victims, now 20 and 13, would testify during the trial. He also told jurors they would be viewing Davis’ videotaped interview with Martin, now a sergeant at the Ashland KSP post.

“You’re going to hear two young boys talk about being violated and you’re going to hear the defendant admit to it,” he said.

However, Davis’ attorney, Michael Curtis, said his client — who has an IQ of 66 and has been diagnosed with mild mental retardation and below-average intellectual function — only confessed to the crimes because he became intimidated when the detective started accusing him of being less than truthful.

“Because a person of authority is telling him he’s lying, he figures he’d better start telling them what they want to hear,” Curtis said. “What got Bob Davis in trouble was his statement, and it was false.”

Curtis also told jurors that there are parts of the alleged victims’ stories that didn’t add up. For example, he said the younger boy told investigators Davis had shown him a pornographic picture that was computer-generated. Davis he said, has never owned a computer, “nor does he have the intellect to operate one.”

Curtis also said both alleged victims were deeply troubled, one due to a bitter custody battle between his parents; the other as the result of a non-existent relationship with his father. He said the younger boy had previously made other allegations of abuse that proved to be untrue, and had been caught acting out sexually with other children at a young age.

After breaking today, the trial will continue on Monday in Judge C. David Hagerman’s court. Attorneys said they expect the case to wrap up on Tuesday.

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