Prosecutors have dismissed charges alleging inappropriate sexual contact with young females filed against Michael Byrd of Mountain Home.
The dismissal order, signed by Circuit Judge John Putman last week, cited insufficient evidence as the reason for the state’s action. There was apparently an unwillingness on the part of some involved in the cases to pursue them to trial.
The girls involved were reported to be the daughters of women with whom Byrd had some type of relationship at the time of the alleged incidents.
The 34-year-old Byrd was charged in both cases with sexual assault and sexual indecency with a child.
The two cases were filed last year. Byrd was arrested August 23rd on the first set of charges and September 9th on the other.
He had entered a not guilty plea on the charges. According to the probable cause affidavit in one of the cases, Byrd met with an investigator with the Crimes Against Children Division of the Arkansas State Police, telling the investigator he believed the alleged victim’s mother had told her daughter to tell falsehoods about him.
Byrd’s defense attorneys filed a motion in both cases asking the court not to allow prosecutors to introduce certain testimony if his cases came to trial, and Circuit Judge John Putman granted the motion early this month. The attorneys contended the testimony at issue would violate Rule 404 (b) of the Arkansas Rules of Criminal Procedure. Rule 404 (b) makes inadmissible certain types of “character evidence.”
With certain exceptions, evidence of past crimes, wrongs or acts committed by a defendant is not admitted under the rule if used as proof the person might be expected to repeat the bad behavior in the future.
The state retained the right to refile the charges and has 12 months to do so under the law.
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