By Russ Zimmer
Newark Advocate
March 4, 2009
http://www.newarkadvocate.com/article/20090304/NEWS01/903040346
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| Michael Lee takes the stand during his trial Tuesday morning. |
Juror says boy's testimony tough to believe
NEWARK -- After wiping tears from his eyes and embracing his family and attorneys, a Pataskala minister walked out of Common Pleas Judge Jon Spahr's courtroom a free man Tuesday.
"We have to protect the children, but it can never come at the expense of an innocent man," Michael R. Lee, 51, said after a jury found him not guilty of one count of gross sexual imposition, a third-degree felony.
Jurors took two hours to digest the one-and-a-half days of testimony in the trial before ultimately deciding the state had not proven its case.
One juror told The Advocate as he was exiting the Licking County Courthouse that defense attorney Kristin Burkett had sufficiently battered the prosecution on the handling of the investigation -- foremost the failure of the investigators to tape the accuser's statement.
In a brief appearance on the stand Tuesday, Lee, a 17-year pastor at First Apostolic Church, not only denied ever sexually touching the 6-year-old boy but also ever making contact that could be construed as inappropriate, including during bath time.
The child had been Licking County Assistant Prosecutor Tracy Van Winkle's first witness Monday and had identified Lee as the man who made inappropriate contact with him more than a year ago. But, the boy also appeared bewildered at times and gave clearly false answers to other questions.
His confusion made it tough to believe him, the juror said.
Van Winkle said trials are especially hard on young children but added she respects the jury's decision.
"We put on our best case," she said. "We believe in this victim. We believe that he was put through a very difficult process."
This is the second acquittal of a defendant in a child sexual-abuse case at the courthouse inside of a week. In both cases, the child's story was dissected by defense counsel and Newark police investigations were picked apart.
The attorney in both cases was Burkett, who said she thinks these cases were symptomatic of a judicial process that has a much lower standard for indictment.
With only one side -- the prosecution -- represented in front of a grand jury, the weakness of the allegations isn't brought to light until trial, she said.
Burkett added they were approached about making a deal but never considered it.
"They asked if he would plead to anything, and we said no," she said.
Russ Zimmer can be reached at (740) 328-8548 or razimmer@newarkadvocate.com
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