Musician sex abuse trial set for August
May 26—CATLETTSBURG — A local musician accused of sexually abusing a girl over the course of several years is on track for a trial Aug. 22, after plea deal negotiations fell through once again.
Larry R. Whitt, 62, has been held at the Boyd County Detention Center since September 2020 on an eight-count indictment charging him with sex offenses against the victim.
He faces life in prison if convicted of his charges.
On Thursday, special prosecutor Mel Leonhart (Greenup County Commonwealth Attorney) told Judge John Vincent that he wanted a review of the case to make one last stab at a plea negotiation.
Last summer, the Commonwealth and Whitt offered up an agreement during the voir dire process of a trail in the case. Vincent rejected the offer, stating that it was too lenient for the conduct charged.
"We can't use the additional difficulties of the victim as a way to minimize the conduct here," Vincent said. "The court is well aware of the impact these cases have on the victim and wants to safeguard any further harm to the victim. But the court must also balance that with if the punishment will fit the crime."
An additional rub to the case is that the victim's attorney has filed a motion to allow the victim to testify before the jury remotely, so as to reduce the amount of trauma involved in the process. Leonhart said having the victim appear on a TV screen could potentially harm the case.
"We believe the jury will believe her; we believe her. That's why we're here," Leonhart said. "But in my limited experience, having the victim testify on a screen can result in an unfavorable outcome."
Vincent said he's not comfortable with that being the basis of a lenient plea agreement, stating that reducing the harm to the victim could be balanced with getting a conviction if the evidence is solid.
Assistant special prosecutor Joe Merkel noted that Whitt has similar charges against him pending in Florida — if Whitt were to be paroled in Kentucky, Merkle said Florida could take care of him.
Vincent said no one can control what Florida does.
"I know from sitting on the bench here that if there's a series of crimes that occur in say Ohio or West Virginia and here, if Kentucky takes care of it the other states will drop it," Vincent said. "I'm not swayed by the argument that Florida will take care of it."
Whitt's attorney, David Mussetter, didn't say much during the hearing — when asked for a response, he said he didn't want to talk in open court due to the presence of the media.
"I don't want this splashed on the front page, because it could potentially prejudice my client," he said.
Vincent allowed the attorneys to go out of the chamber and haggle out an agreement. When they returned, they informed the judge no agreement could be reached.
After reiterating the trial date, Vincent reset a hearing for having the victim appear via video link. That hearing will be closed to the public because it will involve a mental health professional testifying to the condition of the victim.
(606) 326-2653 — henry@dailyindependent.com
