The Richmond Register

Local News

January 5, 2014

Ky. Supreme Court upholds guilty verdicts

For 2010 sex crime, burglary

RICHMOND — The Kentucky Supreme Court has upheld the conviction of a man sentenced by a Madison County jury to 35 years in prison for first-degree burglary and sodomy.

Sotoy Minter, 34, was found guilty March 28, 2012, of raping another man following a three-day trial. His sentence was enhanced because he already had a felony conviction on his record.

Minter argued in his appeal to the state supreme court that Madison Circuit Judge Jean C. Logue incorrectly denied his motion for a directed verdict on the burglary charge, the trial court should have allowed testimony about the victim’s past sexual activity and the court should not have allowed the persistent-felony offender charge to be added to his original indictment.

At his trial, Minter testified that the encounter with the victim, who was his neighbor, on Jan. 15, 2010, was consensual. The victim testified that he attended a neighborhood party but was helped back to his apartment by his girlfriend and Minter later that night because he was intoxicated.

The victim said he awoke later to find Minter on top of him, forcibly having anal intercourse with him. The victim contacted the police afterward and was taken to the emergency room for treatment of his injuries.

DNA samples taken from the victim were a match for Minter, according to court testimony from investigating officers.

Minter stated in his appeal that the judge should have issued a directed verdict of not guilty on the first-degree burglary charge at trial because the state had not proved he had the “intent to commit a crime” when he entered the home. Minter testified that he believed the victim had invited him to come back later for sexual intercourse.

The supreme court affirmed the Madison judge’s decision to not grant a directed verdict based on the victim’s testimony he hadn’t invited Minter to his apartment, repeatedly asked him to leave and did not consent to the sexual encounter.

“The physical evidence of (the victim’s) injuries provides circumstantial evidence supporting the Commonwealth’s case,” the supreme court wrote.

The supreme court also ruled that the Madison court properly barred testimony about the victim’s past sexual history based upon Kentucky’s Rape Shield Law (KRE 412) and because it was hearsay.

Minter argued that the victim may have engaged in homosexual acts in the past and was lying about what happened to conceal his sexual orientation from his girlfriend. Therefore, evidence about the victim’s sexual history should have been presented at trial.

Only three exceptions exist for allowing an alleged victim’s sexual history to be presented at a rape trial, and none of those exceptions applied in this case, according to the supreme court. It did not prove another person was the source of the DNA evidence, as Minter admitted to having sexual contact with the victim; it did not prove consent based on prior sexual contact between the two men, as none was alleged; and testimony about the victim’s sexual history with either men or women did not pertain directly to the offense charged, the court ruled.

“There is no doubt that KRE 412 operates to shield putative victims from disclosure of prior sexual behaviors that have no relevance to the offense on trial except to cast a negative light upon the alleged victim,” the opinion stated. “The purpose of the rule and the language of the rule allow for no differentiation between heterosexual behavior and homosexual behavior.”

Finally, even though the persistent-felony offender charge was added to Minter’s indictment after the burglary and sodomy charges, the Madison court properly allowed it to proceed to trial, the supreme court ruled.

The court’s opinion in the Minter case has been published, meaning it can be applied to court cases in Kentucky that pose similar legal questions.

Sarah Hogsed can be reached at shogsed@richmondregister.com or 624-6694.

1
Text Only
Local News
  • 4-24 UKatWaco1.jpg Wildcats encourage Cardinals to work hard in school

    University of Kentucky student athletes Kastine Evans, a guard on the women’s basketball team, and Jon Hood, a guard on the men’s team, stopped by Waco Elementary School on Wednesday to talk about the benefits of working hard in school.

    April 23, 2014 4 Photos

  • Mayor, commissioner pay changed

    The Richmond City Commission approved 5-1 a new pay scale for the mayor and commissioners at a special-called meeting Wednesday morning.

    April 23, 2014

  • 4-24 Lorenzo McWilliams.jpg Harrodsburg to get old Richmond police mobile computers

    Richmond is donating to the city of Harrodsburg eight of 39 old computers formerly used in police cruisers.

    April 23, 2014 1 Photo

  • 4-24 HOSAblooddrive.jpg Health science students organize blood drive

    Aside from the gift cards and free snacks, 50 Madison County high school students have other reasons for donating 35 pints of blood Wednesday to the Kentucky Blood Center at Madison Central High School.

    April 23, 2014 1 Photo

  • Third student charged in dorm room robbery

    A third person, originally thought to be a robbery victim, was charged Wednesday in connection with an armed robbery that occurred March 30 on Eastern Kentucky University’s campus

    April 23, 2014

  • Bucher Family plant sale starts Friday

    The Bucher Family annual plant sale, a yearly tradition in Madison County for 15 years, will kick off Friday morning.

    April 23, 2014

  • 4-23 Gravestone.jpg In search of the last resting place

    At a popular illegal dump site off Bybee Loop in Waco, two marble grave markers were among some items found there by Pat and Ronnie Aldridge, residents who live about 250 yards from the area.

    April 22, 2014 1 Photo

  • Fiscal court awards EMA bids

    Two more bids were awarded at Tuesday’s Madison County Fiscal Court meeting for the emergency operations agency.

    April 22, 2014

  • 4-23 Peter Crowe.jpg Intoxicated man charged with wanton endangerment

    A 27-year-old Richmond man was charged Sunday with second-degree wanton endangerment after he was found intoxicated and walking with several young children in the Keystone Drive area, according to a Richmond police report.

    April 22, 2014 1 Photo

  • Absentee voting available for May 20 election

    Walk-in absentee voting for the May 20 primary has begun and will continue until May 19, County Clerk Kenny Barger announced Tuesday at the Madison Fiscal Court meeting.

    April 22, 2014

AP Video
SKorea Ferry Toll Hits 156, Search Gets Tougher Video Shows Possible Syrian Gas Attack Cubs Superfans Celebrate Wrigley's 100th Raw: Cattle Truck Overturns in Texas Admirers Flock to Dole During Kansas Homecoming Raw: Erupting Volcanoes in Guatemala and Peru Alibaba IPO Could Be Largest Ever for Tech Firm FBI Joining Probe of Suburban NY 'Swatting' Call U.S. Paratroopers in Poland, Amid Ukraine Crisis US Reviews Clemency for Certain Inmates Raw: Violence Erupts in Rio Near Olympic Venue Raw: Deadly Bombing in Egypt Raw: What's Inside a Commercial Jet Wheel Well Raw: Obama Arrives in Japan for State Visit Raw: Anti-Obama Activists Fight Manila Police Motels Near Disney Fighting Homeless Problem Michigan Man Sees Thanks to 'bionic Eye' S.C. Man Apologizes for Naked Walk in Wal-Mart Chief Mate: Crew Told to Escape After Passengers
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Poll

Should Richmond rezone the southwest corner of Main Street and Tates Creek Avenue to B-1 (Neighborhood Business) with restrictions to allow construction of a financial services office?

Yes
No
     View Results