Wesley Lee Melton Jr
Wesley Lee Melton, Jr., 23, Mauds, Okla., formerly of Milford, looked as if he was going to faint when Kosciusko Superior Court Judge David Cates read the verdict of the jury — not guilty.
But family members of the victim had different reactions.
The father of the victim left the courtroom, the victim was in tears, the victim’s mother showed no emotion. Even Christanne Hampton, deputy prosecuting attorney, left the courtroom after the judge closed the court proceedings, to talk with the victim and her family.
“I thought the verdict should have happened,” said Jay Rigdon, court appointed attorney for Melton. “I’m glad they came to the right decision.”
Melton was released from the custody of the sheriff’s department and his bond dismissed. He will be returning to Oklahoma.
The jury received the case for deliberation at 4:51 p.m. everyone was told at approximately 5:34 p.m. a verdict had been reached.
State Rests, Defense’s Turn
Following the lunch recess, court resumed at 1:45 p.m. Before Hampton rested the prosecution’s case, she recalled Milford Police Officer Derek Kreider to testify regarding the chain of command of the evidence. During cross examination, Kreider stated in the 20-21 months the evidence was in secure storage he never checked the presence of the evidence.
Jurors were then released from the room as prosecution and defense argued to amend the pleadings, changing the date of when the crime allegedly took place, from April 1-28 to March 1 to April 28. The change was requested to coincide with the victims testimony that the alleged crime took place prior to spring break. After 30 minutes of arguments from both sides, Cates ruled in favor of Hampton’s request to allow the amendment of pleadings.
When jurors returned it was the defense’s turn to present evidence of the innocence of the accused. The defense only called two individuals to the stand: Kayla Hamilton, Milford, and Melton himself.
Rigdon focused his questions with Hamilton on the relationship she had with Melton, times spent at the victim’s mother’s home, where and number of times the couple had sex and if the victim’s mother knew they were using the victim’s room. She even testified the victim’s mother knew she was at the home and they were having sex in the victim’s room.
Melton himself took the stand, testifying he left Oklahoma because he was hanging around the wrong kind of people and getting in trouble. His aunt offered for him to come and live with her. He testified regarding his sleeping situations. He even testified he was given permission to sleep in his cousins room when she was gone.
Melton additionally testified about his relationship with Hamilton, where he worked and the hours he worked. He admitted not telling his aunt when he moved out, as he has never stayed in one place too long. He also testified after moving out, he saw and talked to his family members all the time, going to visit, calling or seeing them around town.
Melton testified when and why he went back to Oklahoma, having served his sentence and being placed on five years parole. He was arrested by Kreider on June 4 at Milford Elementary school and was extradited to Oklahoma on June 11 or 12.
Rigdon didn’t mince words in asking his client if he ever had sex with the victim. Melton looked directly at the jury and said no sir to every question asked about any type of sexual relationship, even kissing his cousin.
Conversion also focused on the cell phone and texting.
“Were you falsely accused?” asked Rigdon, while the prosecution objected, the judge overruled with Melton stating “Yes sir, I’ve been falsely accused.”
During cross examination Hampton questioned why he slept so long on the couch, why he gave his male cousin privacy but invaded his female cousins privacy by sleeping in her room. “It wasn’t her things in her room, it was her mom’s,” he stated.
The prosecution asked about being questioned by his aunt over the texting. He testified his aunt didn’t ask him, but she said they claimed there was concern over him texting her daughter and her telling him ” ‘they’re cousins, what do you expect.’ That’s all she said to me about it.”
During closing arguments both sides presented strong arguments for their side. Hampton focused on numerous points including it’s normal for children to not remember dates and times. Rigdon also pointed to numerous conflicts and alleged lies by the victim. Both asked the jury to find in their favor.