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Home News-Telegram News Maloy gets 28 years for sexual assault of 10-year-old grandchild

Maloy gets 28 years for sexual assault of 10-year-old grandchild

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A Hopkins County jury deliberated for 2 1/2 hours before sentencing Doudley Scott Maloy, 53, of Brashear to serve 28 years in prison for the aggravated sexual assault of his 10-year-old grandchild. He was also sentenced to seven years on one indecency with a child by sexual contact charge and four years on a second indecency charge.

The jury, after five hours deliberating guilt-innocence on one aggravated sexual assault charge and four indecency charge, acquitted Maloy on two of the indecency charges. The three convictions were alleged to have occurred on the same day in August of 2007 on a relative’s birthday. The victim alleged two other incidents of indecency in December 2006; the jury found Maloy innocent on those charges.

In closing arguments, defense attorney Roland “Ron” Fergurson implored the jury to consider a sentence which would allow Maloy, who testified to three health problems, to serve out his punishment on community supervised probation. Fergurson argued it would not only be the best option for the defendant’s health but would also allow him to continue to care for his mother.

Several of Maloy’s family members — including his mother, daughter who next to Maloy, brother and niece — testified Wednesday evening that they had never witnessed Maloy act violently, nor had they witnessed any behavior by the defendant which would indicate he would be a threat to the community, children or society if he were allowed to serve his sentences on probation. Many also stated, despite the jury’s decision, believe that he was guilty of any inappropriate sexual behavior with or toward any children.

Maloy’s daughter plead that he be given probation because to put him in prison would only escalate he decline of his heath.

The defendant’s niece said that her uncle gave no behavioral indicators, that would indicate he had a sexual attraction to children, and asked for probation. Morgan in his closing statements argued that sex offenders generally don’t disclose sexual predilections for children, particularly to their family and friends, that they more apt to hide sexual attraction to children from those individuals that others.

Fergurson pointed out that Maloy has been fulfilling the terms of bond for two years, an indicator the defendant likely would be able to successfully carry out the terms of probation, if the jury recommended it and the judge approved it.

Assistant District Attorney Peter Morgan asked the jury to sentence Maloy to the maximum sentence of 99 years in prison for the aggravated sexual assault and to 20 years each on both indecency convictions. He argued that Maloy at no time took responsibility for what he did, and noted that to sentence Maloy to probation instead of the maximum prison term would be devastating to the victim, their family and the community.

One juror following the trial noted that there was a lot of deliberating going on in the jury room regarding the charge, with a few jurors were leaning toward probation and others toward 50 years or more. U ultimately,y a compromise was reached among jurors, with the sentence for the first-degree felony charge split in the middle of the top and bottom suggest options. They agreed not to assess a fine, although they had the option of assigning up to $10,000 per conviction, and ruled out probation as an option.

Morgan after the jury verdict was read made a “motion to accumulate” the sentences. Judge Robert Newsom ruled the sentences would be served concurrently, and that any time Maloy may have served in jail would be credit toward his sentence.

Fergurson stated that he will ‘most definitely” be filing an appeal on Maloy’s behalf on all three cases.

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0
PART 2 :" Beyond The Bar."
written by a guest , April 11, 2009
PART 2:
"BEYOND THE BAR."
But, what does it take to get twelve (12) different opinions to become one ( 1 ) opinion on a verdict.
Are all twelve (12) in total agreement with the same verdict, or did they allow others to persuade them, questioning themselves, or caving in to a verdict from mere exhaustion, hunger, stress/ emotions, personal needs,
or simply peer pressure.
I wish at times that I could be a fly on the wall in the jury room, just to have the experience of exactly what takes place behind those closed doors.
Behind those doors, are twelve individuals, humans that must go in and weigh the evidence, not emotions, on the scales of justice..
I have learned in my profession, It can be difficult doing just that; setting emotions aside and really working the case based on facts and evidence.
There is not one single case that I have worked, that the thought at some point; due to emotions; didn't go through my mind of "what if" they are guilty.
But ,that is when I allow my emotions of the "alleged" victims to grab a hold of my heart , and briefly set aside the evidence in my mind.
Is there really a such a thing as, beyond a reasonable doubt ?
We are all human, and never want to imagine in our minds that such horrible acts take place in society.
And during trial, so often evidence to "prove" beyond a reasonable doubt or a reason to believe is not presented, only emotions presented and displayed to persuade the jury of a verdict.
Once the jurors go behind closed doors to make their decisions, their decisions can and will affect many lives, not just that of a defendant or victim, but the families left behind.
Their decision creates a ripple effect on many. There are always many victims of every trial, whether the defendant is found guilty or not guilty, from the victims and the families of victims of both the victim and defendants families.
Regardless of the jury's decision, their decision will affect many lives.
It is a heavy burden on jurors.
Their work and effort is greatly admired by us all that work in the court system, we know that their decision is one that not only will effect the victim, the defendant and families, in which they must live with, for their entire lives. Their decisions will forever be in their hearts and minds, as well.
In the above Maloy article, this paragraph caught my attention:

I would like to to correct the newspaper article that: "Several of Maloy’s family members — including his mother, daughter who next to Maloy, brother and niece — testified Wednesday evening that they had never witnessed Maloy act violently, nor had they witnessed any behavior by the defendant which would indicate he would be a threat to the community, children or society if he were allowed to serve his sentences on probation. Many also stated, despite the jury’s decision, They did NOT believe that Mr. Maloy was guilty of any inappropriate sexual behavior with or toward any children. "

As Mr. Fergurson stated; this case will definitely be appealed.

In a trial that involves so many lives at stake, a "compromise" is not justice, justice is being found guilty or not guilty based on the evidence that proves beyond all reasonable doubt, that the offense did or did not occur.

We all must be accountable with our work, duties and decisions; in order to allow the justice system to work.

Dept. of Justice insures that the machinery of established law runs smoothly and effectively.

Professional responsibility is knowing the rules and enforcing the rules, practing them effectively and ethically, understanding and practicing civility, most importantly; "work together to serve the people."

"This means to never compromise !"

"Because half of a victory; is No victory at all."

Working to serve our people, their rights, their liberty and freedom.

---Stacy A. Fergurson;

Court side Trial Assistant

0
"BEYOND THE BAR"
written by a guest , April 11, 2009
Part 1:
I am writing in reference/comment to the Maloy trial.
As a court side trial assistant; I have sat next to many different defendants and attorneys during various trials.
During a trial, every single individual involved in a trial, from Law Enforcement, Investigators, State Prosecutors, Judges and Court personal, to Defense Attorneys and their assistants, witnesses, and most important the Jury have, different jobs, duties, and responsibilities and ethical obligations. I must confess that it is a very emotional job.
However, emotions should not control the trial. The Judge even instructs everyone in the courtroom "Not" to show emotions before the jury.
However, often it seems that trials are determined by emotions and not the facts and evidence.
The jury panel is made up of 12 different individuals. Each Juror has a right to their own opinion and the Defendant is entitled to each Juror's opinion. The jurors are not to share notes to try and persuade others during deliberation.
So, when a jury is in deliberations for hours, are they inside the jury room trying to find the truth in "their" minds and hearts, or are all 12 inside sharing ideals with one another, convincing themselves and the others of a proper verdict.
It appears that emotions must be taking a role in the jury rooms, which is very understandable.
However, emotions are not evidence.
After hours of deliberation the jury comes out with a verdict, all raising their hands in court that they are all agree unanimously.

(SEE PART 2)

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