Wednesday, March 26, 2008

Jury Pronounces Kimbrell “not guilty”

   Lawrence County Jurors have pronounced that a South Lawrence Elementary School teacher on trial for allegedly touching a female student in an inappropriate manner, is not guilty.

   A jury was seated for the aggravated sexual battery trial for John Kimbrell on Monday. Following opening arguments, Judge Robert Holloway indicated that testimony would get underway Wednesday morning.

   A twelve-year-old seventh grade student had accused Kimbrell of touching her breast while hugging her on November 9, 2005. A Lawrence County Grand Jury then returned an indictment on January 25, 2006, charging Kimbrell with one count of aggravated sexual battery.

   Kimbrell had been slated to stand trial on the charge in April of 2007. A jury was seated to hear the case, however a mistrial was called when the court reporter’s equipment malfunctioned and a transcript of the proceedings could not be produced, as required by law.

   The victim took the stand Monday morning, testifying that Kimbrell had asked her for a hug while he was seated in the hallway around 7:30 that morning. She indicated that she had put her arm around his shoulders, and that he had reciprocated. She told jurors that during the hug he placed his right hand on her right breast “and squeezed.”

   The victim’s friend, principal, and another school worker also took the stand, testifying that the girl had told them about the incident, and that she had appeared very upset.

   Defense Attorney Russ Parkes asked the victim about a question she was asked by her principal. She admitted that when the principal asked her if the action could have been a mistake, that she had stated, “I don’t know.”

   Detective Melinda Brewer testified that when she was questioning Kimbrell he stated that the victim had hugged him before “and he didn’t think anything about it.” He denied, she said, every touching the girl inappropriately.

   After Assistant District Attorneys Richard Dunavant and Kristy Thompson concluded the presentation of their proof, Parkes moved for a judgment of acquittal, citing “insufficient evidence to sustain a conviction.”

   Holloway opted to deny the motion and allow jurors to make the final decision.

   When the court reconvened following a lunch break, prosecutors rested their case. Since Kimbrell had opted not to take the stand, the defense also rested.

   During closing arguments Thompson pointed out that the victim gave “amazingly consistent testimony,.” She pointed out, “This was clearly something that upset her.”

   In his closing Parks argued, “We’ve got two different people thinking two different things about the exact same thing – it happens every day.” He argued that Kimbrell was sitting within a few feet of the classrooms of several other teachers “including his mother,” and that the hallway was crowded with around 200 students. “They want you to believe,” Parks stated, “That he reached around her, touched her breast, and did it for the purpose of sexual gratification.”

   Dunavant countered, “Anytime anyone squeezes a breast it is intentional and it is for sexual gratification.”

   Jurors left the courtroom to begin deliberations at 1:40 p.m. They reached their verdict by 3:15 p.m., returning to the courtroom to announce the verdict of not guilty.

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