Man pleads guilty to sexual abuse, sentencing to come

Oct. 12—CATLETTSBURG — A Greenup man pleaded guilty to sexually abusing a minor Thursday in Boyd County Circuit Court.

Charles Green, 59, has been incarcerated since November 2022 after he was indicted on a sole count of first-degree sexual abuse of a minor under the age of 12.

According to the indictment, the abuse occurred approximately 10 years ago.

Throughout the court process, Green's competency came into question multiple times.

During an initial hearing, former public defender Caleb Hurt requested Green's release last December due to Green's physical and mental condition and, per previous reports, Green needed assistance to stand.

After undergoing a competency hearing, Green was found fit to aid in his own defense and his case was able to reach resolution during mediation.

Appearing in Boyd County Circuit Court on Thursday for a plea entry, Green's attorney, Michael Curtis, acknowledged Green's mental status was well enough for the official proceeding, ensuring Green had been found competent and added he had "no problems with him."

During the plea process, a defendant must waive each constitutional right guaranteed to them throughout the court process, including testifying on their own behalf and the right to appeal any verdict.

One particular question to determine if a defendant understands their plea is a judge will ask if they have ever been treated for a mental illness or had ever been in a mental hospital.

When asked, Green answered Boyd Circuit Judge John Vincent with, "I'm all right."

Once Green had pleaded guilty, Vincent ensured the victim or victim's family approved of the agreement before signing off on the negotiation, as the original charge carries a maximum punishment of up to 10 years in prison.

With the victim's family, the Commonwealth and the arresting officer OK'ing the plea, Vincent said an additional condition of accepting the plea was to keep the child victim from testifying in a trial setting.

Plea deals in sexual crime cases are common and may seem as though lighter sentences are doled out.

However, the alternative to a plea arrangement is a jury trial which often includes a victim's testimony.

Finding a child competent enough to testify in a jury trial is complicated for both the defense and the prosecution. In the rare occasion a child is found fit to testify, the experience is oftentimes traumatic and counterproductive in the world of justice.

Green is mandated to undergo a sex offender assessment before his final sentencing to aid the court in the sentencing phase — which takes about 60 days to complete.

Vincent instructed prosecutors to confirm the family approves of Green's final sentence, which will occur on Dec. 14.