Wednesday, May 23, 2001
|
Wednesday, May 23, 2001 |
|
Parents get misdemeanor sentences in kid sex trial By JOHN MUNFORD
District Attorney Bill McBroom vowed Tuesday to retry a Fayetteville couple on charges they molested their children. The pair were found guilty of sexually exploiting their children, although a deadlocked jury couldn't render verdicts on charges they molested the children at their residence in Marnelle Mobile Home Park in 1998. Mark Anthony (Tony) Wheeler and Candace Marie Wheeler were also convicted Monday afternoon of distributing obscene material; Candace Wheeler was also found guilty of contributing to the deprivation of a minor. Tony Wheeler was sentenced to 24 months in jail while Candace Wheeler was sentenced to 36 months in jail; both were the maximum penalties that could have been imposed by presiding Superior Court Judge Johnnie L. Caldwell Jr. Caldwell declared a mistrial due to the deadlock on the child molestation, aggravated child molestation, rape and incest charges against the couple, leaving the door open for a new trial. The couple will be tried again on those charges, District Attorney McBroom said Tuesday morning. One juror was the holdout on all but two of those counts, where the last jury poll indicated splits of 6-6 and 7-5, McBroom said. At the conclusion of the case, jurors wept openly at the result, while one juror approached McBroom and apologized for the way the case ended. The Wheelers were accused of sexually molesting their then 12-year-old son and 7-year-old daughter. Authorities alleged they also failed to report when their daughter was molested by her ex-husband. One of those incidents was depicted on a videotape that Tony Wheeler turned over to police, according to testimony. Police later found a second copy of that tape during a search of the Wheeler's residence, said assistant DA Jim Hardin. One of the Wheelers' former neighbors testified that the couple knew Mrs. Wheeler's ex-husband, Bill Whistler, had molested the young girl. Over a year before the tape was turned over to authorities, the Wheelers told Lisa Brewer they had to leave quickly for Florida since the girl had been molested while they asked her to watch over their house, Brewer testified. Whistler is currently jailed in Florida after being convicted there for the molestation, authorities said. In closing arguments Thursday afternoon, attorneys for the Wheelers called into question the tactics used in the investigation. Joe Saia, representing Tony Wheeler, said three of the four clinical professionals who evaluated the family "found nothing." Saia also claimed the young female victim's memory may have been tainted by staying in a foster home with other sexually abused children. "Who are more programmable than children?" Saia argued. Scott Ballard, representing Candace Wheeler, questioned the testimony of both young children, noting most of the charges against the Wheelers hinged on the children's testimony. He also said the Wheelers were victimized by "overzealous professionals" to whom the children revealed the molestation allegations. "Ladies and gentlemen, programming is rampant in this case," Ballard said. During the trial, Sgt. Renee James of the Fayette County Sheriff's Department testified that Brewer came forward with a bag of videotapes the Wheelers gave her for safekeeping before authorities searched the Wheelers' residence. Among those tapes was a recording of Tony and Candace Wheeler having intercourse, prosecutors allege. "They wanted to get the pornography out of their house," Hardin said during closing arguments. The videotape of the daughter being molested along with another girl by Whistler, Candace Wheeler's ex-husband, wasn't turned over until after the daughter revealed the incident to authorities, Hardin said. "Who knows how many copies were made," Hardin said, noting that a second copy of the tape was found in a search of Whistler's home. Hardin argued that children are more likely to reveal they were abused once they are taken from the home. "They have been through the most degrading punishment they could ever go through," Hardin said.
|
||