Motions have been filed to prevent another alleged victim from testifying in the upcoming Baxter County Circuit Court trial of Michael Byrd of Gassville who is charged in two cases with having inappropriate sexual contact with young females who were reported to be the daughters of women he was dating at the time.
Byrd’s defense attorneys have filed a motion in both cases requesting testimony from the other alleged victim be kept out since it would constitute an inadmissible type of “character evidence.”
The defense attorneys argue the state has no reason to obtain evidence from any alleged victim not directly involved in the current charges against Byrd to prove its case. They contend the testimony would inflame rather than inform a jury hearing the cases.
Evidence of past crimes, wrongs or acts committed by a defendant is not admissible under Rule 404 (b) of the Arkansas Rules of Criminal Procedure as proof the person might be expected to repeat the bad behavior in the future.
Byrd was jailed twice last year — August 23rd and September 9th — and is currently free on $50,000 bond. He is charged in both cases with sexual assault and sexual indecency with a child.
According to the probable cause affidavit in the original case, the 34-year-old Byrd and the victim’s mother had been living together in a residence in Gassville. The dating relationship between the adults had been ongoing for about three years, and the alleged sexual contact with the woman’s daughter allegedly took place during the last year Byrd and the girlfriend were together.
The situation was reported to Gassville police and investigated by the Crimes Against Children Division of the Arkansas State Police.
In a police interview with the victim, she described the alleged contacts with Byrd, and said he told her “this is our little secret.” The victim was asked if she ever told Byrd the sexual activity was not right and she told investigators she had thought about it, but “didn’t have the courage” to confront the older man.
She said the first time Byrd had sexual contact with her, she pretended to be asleep. The girl told investigators she did not know what to do and described herself as being “in shock.” She said she was finally convinced to report what had happened by two juvenile friends of hers who urged the girl to tell her mother.
In the probable cause affidavit filed in the case, it is reported during the investigation into the initial case, information came to light there had been other accusations Byrd had similar contact with young females.
In the second set of charges filed against him, Byrd is accused of inappropriately touching a girl beginning when she was 12 years old. It is alleged Byrd had been sexually assaulting the girl for a number of years. The victim was reported to have told investigators the incidents took place at her residence in Mountain Home and at Byrd’s home in Gassville.
The victim told investigators the last incident took place in May 2016.
In the probable cause affidavit in the second case, Byrd is described as a “close family friend” of the girl and her mother. The woman said she had dated Byrd for about six months. She said she had to put her children in counseling because of the incidents of alleged sexual activity.
The woman reported Byrd as watching “lots of porn” and said he was into such things as “forced teen sex.”
The alleged victim did not report the molestation until Byrd and her mother had what was described as a “falling out.”
According to the probable cause affidavit, Byrd met with an investigator with the Crimes Against Children Division at one point, telling the investigator he believed the alleged victim’s mother had told her daughter to tell falsehoods against him.
Byrd has entered not guilty pleas in both cases. He was scheduled for a jury trial this week, but it was delayed by the filing of the motions to keep testimony out of the trials.
WebReadyTM Powered by WireReady® NSI