Amelia HollidayStaff Reporter
March 12, 2013
HAZARD — The trial of a Leslie County man indicted on multiple sexual abuse charges has received another continuance.
Jerry Joseph, 55, of Cutshin, was indicted in October 2011 on 20 counts of first-degree sexual abuse for allegedly using force to sexually abuse another person several times from 2007 to January 2011.
Joseph’s trial was originally set for Dec. 10, 2012, but was pushed back to March 11. At that time, the current Assistant Commonwealth’s Attorney, Charles Allen, was retiring, which, according to former Commonwealth’s Attorney Teresa Reed, would have left the Commonwealth’s Attorney’s office with a lack of adequate resources to try the case.
However, on Monday, Circuit Judge William Engle pushed the trial back again after the defense asked for a video in the case. Commonwealth’s Attorney John Hansen said there may have been some confusion as to what the prosecution had in its possession.
Joseph’s attorney, David A. Johnson, said the prosecution had included a video in its evidence that was never made available to the defense to see before trial. Rather than make a motion for continuance, Johnson said they prepared for trial and made a motion for the video to be excluded from the trial. The judge, however, pushed the trial back instead to give the defense the time needed to review the video.
“We were ready to go to trial, we wanted to go,” Johnson said. “The video basically depicts the same thing that was in some pictures that we have. It’s really non-crucial evidence of any kind.”
Joseph’s trial is now set for April 15. He is currently free on bond.