Princeton man found not guilty of sexual abuse charges
May 1—PRINCETON — A Mercer County jury deliberated for less than an hour Friday before finding a local man not guilty of first-degree sexual abuse and sexual abuse by a parent, guardian, custodian or person in a position of trust with a child.
Robert Daniel Blankenship, 45, of Princeton had been charged on three counts of first-degree sexual abuse and three counts of sexual abuse by a parent, guardian, custodian or person in a position of trust with a child. The case involved a juvenile girl who had once resided with him.
The juvenile, who was less than 12 years old when the alleged abuse started, testified Thursday that Blankenship had sexually abused her over a two to three-year period. She said that the incidents occurred at her Princeton home while her mother and two siblings were away at the store. The juvenile now lives out of state.
Both the state and the defense rested their cases Friday afternoon. Circuit Court Judge Derek Swope read the jurors their instructions regarding the law in the case. They had find Blankenship not guilty or guilty on the three counts of first-degree sexual abuse and the three sexual abuse by a parent, guardian, custodian or person in a position of trust with a child.
Blankenship did not testify, and Swope told the jurors that he had the right not to do so.
In the state's closing argument, Prosecuting Attorney Brian Cochran, who represented the state along with Assistant Prosecuting Attorney John McGinnis, told the jurors that they had taken an oath to reach a verdict based solely on the evidence they had heard in the courtroom.
"This is a simple case," Cochran said, "If you believe (the juvenile) we will have proven our case beyond a reasonable doubt."
Blankenship "took his hands and rubbed her breasts" and rubbed the juvenile's privates, he stated.
"We have proven every element you need to convict him of abusing this child," Cochran said. "The judge told you that you are the sole judge of the evidence, the sole judge of the credibility of the witness on that stand. What kind of man tells a child we should have sex? What kind of man takes his hand and rubs all over a child's breasts? A child molester does those kind of things here in Mercer County. That is exactly what Mr. Blankenship is. He is a child molester. You can and you should find him guilty of all six counts."
Cochran recounted how the juvenile spoke to her school guidance counselor on Oct. 4, 2019 and said that Blankenship had been molesting her over a two to three-year period. She described "at least four instances" of sexual contact. Cochran also reminded the jury that the juvenile had a difficult time testifying about the incidents.
"If you believe this man molested this child, we have proven our case beyond a reasonable doubt," Cochran said.
Blankenship's attorneys, Joseph Harvey and J.J. McPherson, took turns addressing the jury during the defense's closing argument.
McPherson spoke first and said that when the juvenile reported the alleged abuse, she said that her mother did not believe her when told about it. McPherson said that the investigating officer, Detective Lt. Eric Pugh of the Princeton Police Department, testified that he did not get a statement from the juvenile's mother or her siblings.
The juvenile also told police that she had seen child pornography on Blankenship's cellphone, but no child porn or anything else illegal was found on it, McPherson said.
Later, the juvenile went to therapy sessions and said that she was upset, "but not once did it have anything to do with what she claimed he did to her," McPherson stated. She was upset about issues such as not having a cellphone or not being allowed to go live with her best friend.
"You would have to believe this is not the product of lies spiraling out of control," McPherson said.
Harvey spoke to the jury about a video of a therapy session they watched during the trial, pointing out the juvenile stretched and "starts to get a little smile on her face" after the session is over, but she had trouble calling events during her trial testimony.
"Based on the (juvenile's) credibility, there is no way the state provided the case beyond a reasonable doubt," Harvey said.
Since the state has the burden of proof, prosecutors are allowed to address juries again after the defense has presented its closing argument. Cochran asked the jury to use their common sense and life experiences. Cochran said that he could remember when his first child was born, but not whether that day was a Tuesday or Wednesday. He could remember when he was a young trooper with the West Virginia State Police and the time a man "took an object and split my head wide open," but could not immediately recall the exact year that happened. Recalling every detail of an event is not easy for an adult and not for a child.
"It's not easy, it's not easy, but she did it," Cochran said about testifying in court. "She had the courage to get up there and tell you what this man did."
The jury started deliberations about 2:12 p.m. and continued for a little more than 45 minutes before finding Blankenship not guilty on all charges.
— Contact Greg Jordan at gjordan@bdtonline.com
