Bluefield Daily Telegraph, Bluefield, WV

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April 1, 2014

Witness: Pornographic images of juvenile daughter sent to Spaulding

PRINCETON — A state witness testified Tuesday that she sent a Mercer County man pornographic images of her juvenile daughter.

John Spaulding, 41, of Montcalm, is currently being tried in Mercer County Circuit Court before Judge William Sadler on multiple charges including first-degree sexual assault and 50 counts of possessing child pornography. . The trial started Monday morning, and testimony continued Tuesday. A key witness today was Kimberly Cox, 38 of Nemours, who testified that she sent him pornographic images of her juvenile daughter. Under cross examination by Spaulding’s attorney Harold Wolfe, Cox said she fabricated a woman name Anna on the Internet to keep Spaulding’ attention. Wolfe said during the cross examination that she had a history of telling lies and falsehoods.

“Throughout your life you have lied, deceived and concocted stories to get what you want,” Wolfe said to Cox.

“Not all my life sir,” Cox replied.

One juror was excused Tuesday morning after telling Sadler that she was disturbed by the child pornography images the jury was viewing. Chief Assistant Prosecuting Attorney George Sitler asked the court to keep the juror, but Spaulding’s attorney, Harold B. Wolfe II, asked that she be removed because she had already started to form an opinion.

Sadler excused the juror, and one of two alternates took her place on the jury. The trial continues today.

In Spaulding’s first trial last February, an alternate joined the jury after one juror became sick and could not report for duty. A second alternate was excused before the jury began its deliberations; however, another juror became ill. The jurors determined they could not continue after Sadler offered to let them return to the courthouse the next morning, and state law did not allow an alternate to be recalled after a jury started deliberating. A mistrial was declared.

 

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