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Fort Scott man to stand trial for child molestation
A judge heard enough probable cause, Friday, to order a Fort Scott man to stand trial for the alleged sexual molestation of a 6-year-old girl.
After closing arguments from state and defense attorneys, Sixth Judicial Magistrate Judge Rebecca Stephan ruled that Jerry L. Clements, 31, be bound over on felony counts of rape, aggravated indecent liberties and aggravated indecent solicitation of a child.
If convicted on all counts, he could face a maximum of 86 years and a minimum of 19 years.
The alleged molestation occurred sometime between July 1 and 15, according to court records. Fort Scott Police officer Jeremy Albright, who testified Friday, interviewed the girl on July 16.
The girl told Albright that Clements touched her where she didn't want to be touched, he said. Asked to elaborate, Albright said the victim told him that Clements touched her "inside of her tutu," referring to her vaginal area. Clements also wanted the girl to touch him inappropriately, she told the officer.
She told a Social Rehabilitation Services officer in a later interview that she touched him, the officer said.
The girl displayed aggressive behavior for two to three weeks after the alleged incidents -- a change from her normal behavior.
During cross examination, defense attorney Mark Fern asked Albright if he's trained in interviewing children who might have experienced sexual abuse. Albright said he is not. Also, the officer said the girl was facing away from him during the interview, and she recited nearly verbatim of what she orginially told her mother about the incident.
Fern said Clements was investigated for similar allegations in Arkansas but was cleared of all wrongdoing.
Bourbon County Attorney Terri Johnson played a 20-minute VHS tape of Sherry Hill, a social worker with SRS in Fort Scott, interviewing the girl on July 18 about the alleged incident. Using drawings of male and female bodies, Hill had the girl point to areas of the body and explain what "touches she likes and doesn't like," Hill said. She didn't tell Hill that Clements touched her but rather demonstrated by holding up fingers in the air and using a swirling motion.
A twist in the hearing happened when the girl's mother testified that her daughter might have made up the molestation story. Hill said it could be possible the child made up the story, which has been done before by children in other alleged molestation cases.
However, sometimes the victim gets pressure from other children who are angry that the person who got their dad in trouble, Hill said.
The mother said Jerry was at the girl's home with and her and her other sibilings, where the incident allegedly happened, while the mother worked during the day and early evening.
The child also stayed with relatives who had people visiting. The victim told a family member she was victimized by a Mexican man named "Oscar." At closing arguments, Fern told the judge the "evidence conflicted."
Clements meanwhile is residing at Southeast Kansas Regional Correctional Center in lieu of $100,000 bond. An arraignment hearing has not been scheduled yet.