The Missouri Southern District Court of Appeals ruled Monday that a police officer's comment was not reason enough to grant a Seneca man a new trial.
Gerald E. Rayborn, 40, is serving a 30-year sentence after a McDonald County jury found him guilty Sept. 2, 2004, on a forcible sodomy charge. Rayborn was also sentenced to 10 years on each of two counts of armed criminal action and seven years on a felonious restraint charge. The trial was held in McDonald County on a change of venue from Newton County.
According to reporter John Hacker's account in the Sept. 3, 2004, Joplin Globe, the victim was visiting a friend on Jan 1, 2004 and called her father to pick her up. A family friend sent Rayborn to pick her up. Instead of taking her home, Rayborn drove the 16-year-old to his Seneca home, and when she tried to leave, Rayborn pulled a gun, took her to his car and sexually assaulted her. Rayborn drove to Southwest City and went he stopped to get gasoline, the girl escaped.
The trial, according to Hacker's report was characterized by an attempt by public defender Larry Maples to attack the girl's reputation, calling witnesses who said she had been drinking that night and that she was a known liar.
The girl's testimony, backed by evidence found in Rayborn's car convinced the jury to convict him on four charges, but he was found not guilty on a rape charge.
The lawyer for Rayborn's appeal, Irene Karns, hinged the appeal on one question asked of a police officer and the officer's answer. The prosecutor asked, "Did he respond in any way to the Miranda warning?"
The officer answered, "He stated that he would rather--" Ms. Karns indicated that answer made it appear that Rayborn had something to hide.
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ARKANSAS DEMOCRAT-GAZETTE December 2, 2005
LONOKE < An Austin man was sentenced to 18 years in prison Wednesday night after a jury convicted him of computer child pornography for exposing himself online to someone he believed was a 13-year-old girl, Prosecuting Attorney Lona Mc-Castlain of the 23rd Judicial District said Thursday.
Jerry Don McCabe, 47, who worked in the computer lab at Arkansas State University-Beebe, was arrested in January after police said he had engaged in online discussions and masturbated over a Web camera for an undercover police officer from Missouri, who was posing as a 13-year-old girl named Cindy.
McCabe chatted online with detective Jim Murray of the Diamond Police Department in Missouri over a three-day period beginning Dec. 27, 2004, and ending Dec. 31, 2004, according to an affidavit for his arrest filed in Lonoke County Circuit Court.
The affidavit reports that McCabe became concerned and stated in the conversation that he could probably get in all kinds of trouble talking to a 13-year-old, but later exposed himself and began masturbating over the Web camera.
Murray¹s investigation revealed that McCabe was an employee of ASU-Beebe and that he had been using a state-owned computer, as well as his home computer, to chat online, according to the affidavit.
The one-day trial began about 9 a.m. Wednesday and ended about 8 p.m., McCastlain said. The prosecutor said she was pleased with the verdict. I think it sends a message to other people who might be trolling the Internet for children, she said.
Computer child pornography is a Class B felony, punishable by between five and 20 years in prison.
(The evidence in the above case is almost identical to the evidence in the Gary Blankenship case). Blankenship is from Neosho and worked at O'Sullivan Industries in Lamar.
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