News
January trial for Benson man charged in molestation
Karen Weil
Wick Communications
A man accused of sexually abusing a child will stand trial in January.
Benson resident James Henry Baughn, 21, in the meantime will be released to the custody of his mother. Judge Wallace Hoggatt on Monday in county Superior Court said a plea agreement was not appropriate, after reading a motion to vacate the agreement and set the matter for trial
In the agreement made in May, Baughn pleaded no contest to negligently causing a child to suffer physical injury, a class 6 felony. The most time he would have served would be a two-year prison sentence, along with probation.
Baughn previously was charged with a class 2 felony of sexually molesting the victim.
The incident happened in March 2004 at a day care business belonging to Baughn's mother, according to Superior Court records, and involved a 5-year-old girl.
The child told her mother that Baughn kissed her on the neck and used his finger to sexually abuse her.
At first, Baughn denied the accusations during an investigation. Police say he later confessed, but is now maintaining his innocence.
Because of that, Hoggatt last month said he was considering throwing out a plea agreement, and added the case should go to trial, after a hearing on the agreement's merits.
Prosecuting attorney Cheri Hatanaka said the victim's family, now living in Pennsylvania, is disappointed about the plea not being accepted.
In late July, Baughn failed to appear in court for a mitigation hearing, and police arrested him on a warrant.
Baughn's attorney, Kelly Smith, said her client had always appeared in court when he was supposed to, and frequently contacted her office. Because Baughn was no longer able to stay with his brother, he was "moving around," she said.
Smith said Baughn should have stayed in contact, but fell on hard times and generally has a great track record.
His mother, Smith said, has no problem with her son staying at her home.
Carmen Baughn told Hoggatt that her son won't be left alone while he is staying there, and she will make sure he gets to his court hearings.
The woman also said she has no problem, in Hoggatt's words, of "dropping a dime" on her son should he violate any conditions of release.
Hatanaka, however, said the victim's family is adamant about Baughn not being released.
Jury selection for Baughn's trial is scheduled to begin Jan. 9 in Superior Court.
(Editor's Note: Karen Weil is a reporter at the Sierra Vista Herald/Bisbee Daily Review.)
Wick Communications
A man accused of sexually abusing a child will stand trial in January.
Benson resident James Henry Baughn, 21, in the meantime will be released to the custody of his mother. Judge Wallace Hoggatt on Monday in county Superior Court said a plea agreement was not appropriate, after reading a motion to vacate the agreement and set the matter for trial
In the agreement made in May, Baughn pleaded no contest to negligently causing a child to suffer physical injury, a class 6 felony. The most time he would have served would be a two-year prison sentence, along with probation.
Baughn previously was charged with a class 2 felony of sexually molesting the victim.
The incident happened in March 2004 at a day care business belonging to Baughn's mother, according to Superior Court records, and involved a 5-year-old girl.
The child told her mother that Baughn kissed her on the neck and used his finger to sexually abuse her.
At first, Baughn denied the accusations during an investigation. Police say he later confessed, but is now maintaining his innocence.
Because of that, Hoggatt last month said he was considering throwing out a plea agreement, and added the case should go to trial, after a hearing on the agreement's merits.
Prosecuting attorney Cheri Hatanaka said the victim's family, now living in Pennsylvania, is disappointed about the plea not being accepted.
In late July, Baughn failed to appear in court for a mitigation hearing, and police arrested him on a warrant.
Baughn's attorney, Kelly Smith, said her client had always appeared in court when he was supposed to, and frequently contacted her office. Because Baughn was no longer able to stay with his brother, he was "moving around," she said.
Smith said Baughn should have stayed in contact, but fell on hard times and generally has a great track record.
His mother, Smith said, has no problem with her son staying at her home.
Carmen Baughn told Hoggatt that her son won't be left alone while he is staying there, and she will make sure he gets to his court hearings.
The woman also said she has no problem, in Hoggatt's words, of "dropping a dime" on her son should he violate any conditions of release.
Hatanaka, however, said the victim's family is adamant about Baughn not being released.
Jury selection for Baughn's trial is scheduled to begin Jan. 9 in Superior Court.
(Editor's Note: Karen Weil is a reporter at the Sierra Vista Herald/Bisbee Daily Review.)
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