As of Tuesday, June 5, 2012
© Copyright 2013
Albany Herald
Joey DeWayne James
ALBANY, Ga. — A judge declared a mistrial in the sexual battery case against Joey DeWayne James at 3:10 p.m. Friday. James was the principal of Southside Middle School when the two misdemeanor complaints were made.
James was accused of rubbing his groin area against his accuser’s buttocks and grabbing her breast while they were in his office in March of 2011, according to court testimony.
Presiding Judge Frank Salter declared the mistrial after James’ accuser said under cross examination that she had taken a polygraph during the investigation.
Salter said that he would not tolerate any mention of polygraphs or lie-detector tests by witnesses.
“They have never been allowed in a court, never,” Salter said. “I have excluded the mention specifically, directly and forcefully.”
Assistant District Attorney Victoria Johnson said she had instructed witnesses about not mentioning polygraphs. Johnson added that the alleged victim had arrived late to the trial and may have missed the instructions.
Upon consultation with colleagues Johnson said that the accuser had been instructed earlier, but had obviously, under the strain of the trial and a relative’s funeral the same day, had forgotten.
Another trial will be scheduled with a new jury, possibly in August.
More like this story
- Board terminates Monroe assistant principal’s contract ( January 30, 2013 )
- Assistant principal's certifcation pulled ( January 24, 2013 )
- Middle school principal charged with sexual battery ( March 21, 2011 )
- Supreme Court upholds Colquitt murder conviction ( November 21, 2011 )
- Judge declares mistrial in Roger Clemens case ( July 15, 2011 )
Comments
Happy 1 year ago
Why on earth would the Albany Herald publish the victim's name! Shame on you Albany Herald!
Happy 1 year ago
Thank you for removing the name of the victim!
Happy 1 year ago
So, the judge is stating it is inadmissable for the victim to testify that she took 2 polygraphs and passed them and the accused refused to take a polygraph. Why didn't the judge just tell the jury to disregard the comment? The irony in this story is that the accused is still an administrator at Monroe, what a GREAT example for our children.
VSU 1 year ago
Another Day In Paradise...or in this case.....DCSS.
VietVet1 1 year ago
Ahh justice being served in Albany. Another reason Albany will never prosper. Shame the girl's father didn't resolve this out of court.
Momof3 1 year ago
Fine example these "leaders" in Albany (schools, city, judicial) are setting for our kids. And you wonder why they do some of the things that hey do. This is crazy that this man is still in Administration at Monroe. I get " innocent until proven guilty" but he is accused of sexual misconduct towards a minor so you stick him with MORE minors?!?!?!?!? UGHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
Outtahere 1 year ago
Well said!
Outtahere 1 year ago
He must have a thing for young girls. If this is so, REMOVE HIM NOW!! He has no right to be there just like Riggins has no right to be on the board when we all know she lacks the characteristics needed to serve our school system!
bubbavet 1 year ago
Maybe if you put him in prison with some young boys he will change his mind
Outtahere 1 year ago
That was a good one!
spookj6 1 year ago
Was it a child or another teacher, because all the facts are not posted.
Momof3 1 year ago
Actually in all the other article (when the story first broke) said it was a student. And even if it WAS a teacher, he still got charged with sexual misconduct and should not be allowed around school kids...period!
Educated_Reader 1 year ago
Please learn to READ!!! The case deals with a principal and another ADULT!!! No minor was involved. Reading is a fundamental need among ALL!!!
Outtahere 1 year ago
Where did you read the word adult? The only thing I know about this case is from this article; I didn't see them say his accuser was an adult.
Educated_Reader 1 year ago
Where did you read the word "MINOR"? That was not mention in the article about. If you read local news on a regular basis, then you would know that the case is about the prinicipal and a teacher/colleague.
Educated_Reader 1 year ago
Didn't see them say his accuser was a minor, either.
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