David L. Mayes
There were no eyewitnesses to the crime. There was no DNA, nor any forensic evidence.
The case against 22-year-old David Lee Mayes of Corbin was the word of three siblings, who were all under the age of 12 years old when the crimes allegedly occurred.
The two brothers told jurors that Mayes, who was living with their mother at the time, physically abused them in 2010. Their sister told jurors that Mayes raped and sodomized her.
The 10-woman, two-man jury deliberated for just over two hours before convicting Mayes Thursday afternoon on two counts of first-degree criminal abuse, two counts of first degree rape, first-degree sodomy and first-degree sexual abuse.
The jurors, who returned to the courtroom about 5:45 p.m., all responded with "my verdict" when polled by Circuit Court Clerk Gary Barton.
"It was one of those cases where you had to believe the children. The children were the witnesses. They were the only witnesses," said Commonwealth’s Attorney Allen Trimble, the prosecutor in the case.
"These kids I’m absolutely confident that they are telling the truth. What has happened to these kids after they told this story has been a complete disruption of their life. They have been separated. They are living in different places.
"These kids maintained this story even in light of a lot of personal hardship and depravation. I’m glad the jury did what they did."
Tears flowed on both sides of the courtroom after the verdict was read.
After jurors left the courtroom, the victims received hugs from family members and supporters inside the courtroom.
Mayes also cried after the verdict and appeared stunned as he sat at the defense table shaking his head after the verdict was read.
"There is no evidence, none," Mayes mother could be heard saying before leaving the courtroom visibly upset.
During his closing argument, defense attorney Tim Despotes criticized the prosecution case noting the lack of evidence in his unsuccessful bid to get his client acquitted.
"What investigation was there in this case? Practically none," Despotes said. "Just because the child said it doesn’t make it so. There is no objective proof it did go on."
Trimble noted during his closing argument that child abuse is a crime that doesn’t occur when there are witnesses.
"He did it when no one was looking. He did it secretly to avoid getting caught," Trimble argued. "The tiniest witness, if you believe them, is all you need."
Sentencing hearing
Only two witnesses were called to the stand during the sentencing hearing.
Kentucky Probation and Parole Officer Billy Stephens testified that Mayes would have to serve 85 percent of his sentence or 17 years before becoming eligible for parole, if he received the minimum of 20 years in prison on the rape and sodomy charges.
For any sentence over 24 years, Mayes would be eligible for parole after serving 20 years in prison.
Despotes called only one witness during the sentencing hearing, Mayes’ fiancé, Katelyn Trent.
Trent, who graduated from Corbin High School in 2014, testified that she met Mayes on a dating site in 2013, and that she is 30 weeks pregnant with his child.
Trent asked jurors to sentence Mayes to the minimum sentence, which was 20 years in prison.
"I don’t want my kid to be without a dad," she testified.
Jurors had the option of sentencing Mayes to the maximum of life imprisonment on the rape and sodomy charges.
Confession?
Mayes didn’t take the stand to testify during the trial, but he did briefly give a nearly 90-second tear-filled address to jurors before they left the courtroom to decide his sentence.
"I know what you all found me guilty of is a very heinous crime. It is very sick and I understand that. All I ask is please don’t take my life from me," Mayes said.
Even with the minimum sentence of 20 years, Mayes noted he would be behind bars for at least 17 years and would be at least 40 years old before he is released.
"Inside prison there are things like counseling and classes that I can take. Through them I think that even though you guys have found me guilty. Yes. OK. You guys have found me guilty…
"17 years in prison is a really long time. It is a lifetime. It is more than enough time for anyone to realize the mistakes they have made and what they did wrong. I ask you guys please do not to take me from my child. I don’t know what more to ask."
Jurors deliberated for about 20 minutes before returning to the courtroom shortly after 8 p.m. and recommending the minimum sentence on all charges.
They recommended five years in prison for each criminal abuse charge and the sex abuse charge.
Jurors recommended 20-year prison sentences for the two rape charges and the sodomy charge.
They recommended that all six sentences be served concurrently or at the same time. Jurors could have recommended that all or part of the sentences be served consecutively or one after the other.
Circuit Judge Paul Winchester scheduled an Oct. 20 formal sentencing date. Mayes will have to undergo a sex offender evaluation before his sentencing hearing.
Before Mayes left the courtroom, Winchester allowed him to briefly hug his fiancé.
Trimble said he was very pleased with the verdict and had no gripes about the sentence.
"I certainly appreciate the collective wisdom of the jury. That’s what they thought the proper verdict and sentence was," Trimble noted.
Despotes said that while he disagreed with the jury’s verdict he did appreciate the sentence that they rendered.
Despotes said that he would be filing a notice of appeal in the case.
Charges are still pending against the victim’s mother, Tonya Trosper, 34, who will be tried separately in connection with Mayes’ case.
Winchester scheduled a Nov. 18 trial date in Trosper’s case during a hearing Tuesday.
Trosper’s attorney, B.J. Foley, noted that his client "fully maintains her innocence."
