Published: October 31, 2009 11:02 pm      

Prosecutor opposes Rousey probation

A response filed by prosecutors in Brandon Clay Rousey’s attempt to gain shock probation asks Madison Circuit Judge William G. Clouse to deny probation outright.

Clouse asked prosecutor Jennifer Hall Smith and Rousey’s attorney, Wesley Browne, to submit proposed conditions for a probation order in the event he grants Rousey’s motion following an Oct. 27 hearing.

According to a copy of Smith’s filing, obtained from court records, the Commonwealth’s Attorney’s office opposes any grant of probation because Rousey, an AmeriCorps volunteer, “was in a position of trust and authority at Madison Middle School and abuse that position to commit a sexual offense against a child.”

Rousey was a coach and teacher’s assistant at the school, and pleaded guilty in July to a charge of unlawful use of electronic means to induce a minor to engage in sexual activity.

An investigation by the Madison County Sheriff’s Office uncovered a number of sexually explicit text messages Rousey sent to a 13-year-old female student at the school.

Browne filed a motion requesting shock probation for Rousey, who is serving a one-year prison sentence as part of his guilty plea.

Smith’s recommendations include a minimum of 60 days served in the event the probation motion is granted, a minimum three-year supervised probation period and a provision barring Rousey from having contact with any minors.

As a condition of his plea, Rousey is subject to a five-year conditional discharge following the end of his sentence and must register as a sex offender for 20 years.

Browne submitted a letter to Clouse’s office recommending that in addition to the standard probation terms, Rousey’s minister, Robert Taylor, has agreed to help monitor Rousey and conduct weekly counseling sessions.

Clouse has not issued a final ruling on the motion. Rousey is in state custody at the Leslie County Detention Center, where he was transferred because of overcrowding among state inmates at the Madison County Detention Center.



Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.