Wesley Lee Melton Jr
The state began their burden of proving Wesley L. Melton, Jr., guilty by calling the first witnesses, Tuesday afternoon, June 9, in Kosciusko Superior Court 1.
Cheslnessa Smith, Victoria Cole and Albert Smith took the stand before the proceedings recessed for the day. Their relationship to either the victim or Melton was established – nephew, daughter and girl friend of the victim’s father.
Jurors heard a description of the mobile home’s layout — two bedrooms belonging to the teens at one end, the mother’s at the other end. Mrs. Smith testified when in her room, she could not hear or tell what was happening at the other end of the home. Additionally it was noted she worked as a certified nursing assistant at Greencroft from 2:15 p.m. to 10:45 p.m. leaving the younger teenager under the care of her 17-year-old brother and Milton.
Mrs. Smith described the relationship between the cousins as that of a family – arguing, wrestling, fighting – doing what families do. She stated she did not always check on the kids when she came home, but made sure they were ready for school.
Many of the questions Mrs. Smith was asked, by the Christanne Hampton, prosecutor, and Jay Rigdon, defense attorney, received responses of uncertainty. Mrs. Smith could not tell the court when her daughter accompanied her father to Florida other than for spring break, as it was different times each year, nor could she say if her daughter had a cellphone or if she was allowed to have one at her fathers. She also could not recall when she was notified about inappropriate text messages between the two.
She additionally testified she asked Melton what the text messages said, was told the messages had been deleted, and never asked to check that phone, nor was taken to be more aware of the interaction between cousins. She also could not tell the court when Melton left the home if it was permanent or where he was going. She also stated she believed he had moved out by the time police were notified of the allegations.
She testified she tried to talk to her daughter about the concerns after hearing it from her daughter’s friend, Allen, whom her daughter had confided but could not recall what was said. Mrs. Smith stated she stopped asking her daughter about the allegations after she continued to deny anything occurred. She was told about the allegations by her best friend, Emily, and again by her husband’s girl friend Vicky Cole, before she contacted police.
During questioning by Rigdon, Mrs. Smith testified no one was to use Alyssa’s room when she was not home, but admitted it was possible, but without her permission. She also did not remember Melton ever asking to sleep in that room. Rigdon also asked if her son ever walked around the house without a shirt or Melton. Again the response was she didn’t remember.
Rigson questioned Mrs. Smith if there was any time her daughter was reluctant to spend time at her home or if the schedule for visitation changed. Mrs. Smith responded no. Other questions by Rigdon focused on if she met Melton’s girl friend, if there were periods when she stayed at the home and if that same girl had also dated her son. Her response was the girl friend came once or twice and she may have stayed, she wasn’t sure.
During the questioning of Cole, jurors learned the cellphone was given to Alyssa by Cole and the teen’s father to keep in touch, with only telephone and texting capabilities. It was also learned text messages were monitored by the two adults. it was stated the phone only accepted so many text messages before it recycled. It was Cole who found the text messages she felt were in appropriate and the phone was taken away from the teen. It was also Cole who sat down with the teen and was told sexual intercourse had taken place.
Cole also stated the teen often talked to her about personal maters. It was also noted Cole was given permission to contact police and she took the teenager to meet and be interviewed by authorities.
Albert Smith was the last one to take the stand before court recessed for the day. He testified there were often times he and his former wife disagreed to matters concerning their daughter. He also stated he spoke with his former wife about their daughter having the cellphone, while not happy, accepted the fact. He also testified he did not keep tabs of what went on at his former wife’s home.
The type of phone Alyssa Smith was given was confirmed both by Cole and Mr. Smith, who both confirmed while there was a phone capable of taking photos of the text, this was not done. Mr. Smith was asked about the text messages. “It’s been over two years, I don’t remember word for word,” he stated when asked by Rigdon. Mr. Smith also testified while there was no change in his daughter’s visitation schedule, he had “no basis to stop anything.” Smith was also asked about dates of his divorce and change in parenting schedules, which he didn’t know the time frame.
Smith also stated there are times his daughter would stay with him an extra week and vice versa. “It depends on who she is mad at, at that time.” Testimony was also heard Alyssa was witness to the frustration and anger about things between the two parents.