Inside the Courtroom
Trial of the Child Molestation Case
WARNING: Some readers may find the content of this story disturbing. Discretion is advised.
On Sept. 11, while our country mourns the fifth anniversary of our nation's worst domestic tragedy, another domestic tragedy will unfold in a suburban Atlanta courtroom. Former foster parent Ronald William Shelton will be put on trial before the Superior Court of Gwinnett County, Ga., for molestation of two of his foster children.
The allegations are grim. The State of Georgia accuses Shelton of nine counts of child molestation and aggravated child molestation. Eight of the counts include sexual acts between Ronnie Shelton and a young girl. The remaining count includes a sexual act with a young boy.
Fostering Families Today is undertaking a unique opportunity to share the story of a real life foster parent on trial for allegations of child sexual abuse. Each day, Fostering Families Today through an experienced, knowledgeable, former foster parent, Erik Cooper, will bring to you a summary of actual trial events, including the jury selection process, opening statements of both the prosecutor and defense, victim and witness testimony, closing arguments and, of course, the verdict. The intent is not to sensationalize or exploit the life-changing events of this legal process. View this trial as a classroom, where we will identify in layman's terms, the legal procedure and terminology commonly used in the courtroom to enhance your understanding of the process as it unfolds.
We strongly recommend reader discretion of this story. Some readers may be offended by the content. Details of the accusations against Shelton may be considered graphic and disturbing to some readers. Please do not allow any child to read our coverage of this trial.
Coverage of this case will be objective and impartial. Neither this publication nor this writer will claim the innocence or guilt of Ronnie Shelton. Instead, as our readers, you will be provided fair and balanced coverage of the daily courtroom activities. Both Fostering Families Today and I are excited about this unique opportunity to share with you, trial of the child molestation case.
Fostering Families Today will provide daily updates of courtroom testimony available at www.adoptinfo.net. Upon conclusion of the trial, Fostering Families Today will publish a complete story of Trial of the Child Molestation Case. |
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September 21, 2006 previous day's entry
DAY 9: JURY DELIBERATES FOSTER PARENT’S FATE
By Erik A. Cooper
WARNING: Some readers may find the content of this story disturbing. Discretion is advised.
Closing arguments began this morning in the criminal trial of former foster parent Ronald William Shelton. Shelton, 53, is accused of four counts of aggravated child molestation and four counts of child molestation involving two of his former foster children. If convicted, Shelton faces up to 200 years in prison.
Twenty-eight supporters for Shelton filed into the courtroom this morning taking their seats directly behind the defendant. Moments later, one of the alleged victims, her adoptive parents and non-victim brother entered the courtroom and sat on the opposite side. Other family members and friends of the alleged victims sat together as well.
Judge R. Timothy Hamil returned to the bench at 9:50 a.m. Defendant’s counsel and the state prosecutor negotiated final wording of the jury charge instructions. Judge Hamil addressed the defendant’s Motion for a Directed Verdict for counts 1 through 3 and 5 through 9. Count 4 of the indictment was dismissed by the state when the alleged victim told jurors during her testimony the allegations made in Count 4 never occurred.
The jury returned to the courtroom at 10 a.m. State Prosecutor Tracie Hobbs announced she had no rebuttal witnesses to present. The state’s decision not to call any rebuttal witnesses to refute the testimony of defense witnesses officially closed all evidence in the trial.
Closing Arguments Begin
Under the Georgia Rules of Criminal Procedure, both the state prosecutor and defense attorney are limited in the amount of time available to present their closing argument. Since the state brings a case against the accused, the state always begins closing arguments.
Hobbs told jurors this morning that it had been a long two weeks of trial, and thanked the jurors collectively for their service. Hobbs defined each of the charges alleged against Shelton and defined the crimes of aggravated child molestation and child molestation by reading the state statutes. Addressing testimony of witnesses and certain evidence brought out during the trial, Hobbs told jurors a change in wording made in the arrest warrant and referenced by defense counsel was not an issue, since the warrant was written exactly the way the law allows. Hobbs explained to jurors why the state dropped Count 4 of the indictment, telling jurors the state would not pursue an allegation denied by the victim.
“The evidence is what you heard from the stand,” Hobbs said. “Not what the defendant wants and hopes you hear.” Hobbs emphasized her opinion of Defense Attorney Doug Peters’ twist on certain facts of the case, highlighting innocuous information to take attention away from the crimes Hobbs claimed Shelton committed. Hobbs encouraged jurors to consider the video evidence and testimony of the witnesses when deliberating this case.
Hobbs told jurors the burden of proof to show Shelton is guilty of the crimes alleged rests with the state. Hobbs said the state had proven its case “beyond a reasonable doubt.” “You will not have any doubt about this case,” she said. “You weren’t there when he put his hand on her vagina. You weren’t there when he touched her so many times she couldn’t tell you,” Hobbs emphasized. The alleged victim, Emma, sat motionless against a wall in the first row bench nearest the jury box and right next to her adoptive parents, Melissa and Jack Morgan.
Hobbs finished her preliminary closing argument in 10 minutes, leaving her remaining time available to have the last word before the case was given to the jury to deliberate.
A Case of Titanic Proportions
Peters took to the podium this morning in the center of the courtroom. With his client looking on, emotionless, Peters recalled the telephone call he received one early Sunday morning while working in his home study. His daughters were watching the Titanic movie in the next room. Peters learned Ronnie Shelton was in jail again for the second time. Shelton’s wife, Lynn, was on her way to the hospital, having a heart attack.
The Titanic was a “good ship,” “well built,” Peters told jurors. Making a parallel connection with his client, Peters told jurors “This tragedy started with a good man who had a good heart.” Peters continued explaining the tragedy of the Titanic began with its maiden voyage, similar to how Ronnie Shelton’s tragedy began with the first foster children he and his wife Lynn took into their home. Peters explained to jurors that Emma, Michael and Ryan, two of whom are alleged victims in this case, came from difficult backgrounds, from a difficult home life. When they didn’t get their way, Peters explained, the children would say things that weren’t true. This, Peters challenged, was “the tip of the ice burg.” “Kids who carry so much, they cause trouble,” Peters claimed.
While the Titanic raced across the sea to set the fastest record for sail across the Atlantic, police investigating this case raced to get a conviction, ignoring vital facts of the case which may have otherwise proven Shelton’s innocence. Peters pointed out Detective Abercrombie’s own testimony in which she told jurors police were allowed to lie to a suspect about untrue information in the case. During Ronnie Shelton’s video recorded interview with police, detectives told Shelton there was medical evidence indicating Emma had been violated. No such evidence ever existed, a fact Abercrombie admitted to under oath.
Peters told jurors that when given the jury instructions, Judge Hamil will tell you “to presume Ronnie is innocent.” Peters, trying to connect with jurors, gave jurors an example of presumed innocence. “Imagine a neighbor you’ve known for years being accused of a bank robbery.” Peters told jurors, “You talked over the fence with this neighbor, had barbeques together.” Peters suggested jurors would never suspect a neighbor they thought they knew real well would be bank robber. Peters made his point that one must presume a defendant is innocent of a crime until proven guilty.
Reaching out for jurors’ support, Peters told the panel, “I voted for each one of you to sit on this jury.” Peters told the jurors they were “the most intelligent people in Gwinnett County.” Peters asked the panel, “How do you prove something did not happen?” His rhetorical question was emphasized again, explaining to jurors if they worked in a retail store and were accused of stealing $10 from the cash drawer, “How do you prove you didn’t do something?”
Referring to the indictment and the heinous words describing the allegations, Peters told jurors, “Everything in the world is in this indictment. Don’t you be deceived by that. If you return one count in this indictment it changes the entire world.” Peters urged jurors “don’t compromise,” explaining “the district attorney is aware of that.” If the jury splits the baby, trying to appease both sides in the matter by convicting the defendant of one or more counts and dropping the rest, the defendant’s life will end forever. “That is the tragedy I’m talking about,” Peters said.
“I saw the expression on your faces when the indictment was read,” Peters said. He told jurors they had prejudice and uncomfortable feelings. “We all do,” he said. “Nothing is more precious than our children.” Peters told jurors his whole life changed when his two daughters were born.
Peters talked about a childhood discussion he had with his father. While driving through small towns in Georgia, Peters said his father would point out how the town’s courthouse was always in the center and always raised on higher ground, sitting taller than other buildings around it. Peters said his father told him the courtrooms inside those courthouses were always up at the top of the buildings, “because jurors are called to the highest duty of service.” Peters was hoping to make points with jurors. He did.
Getting into the evidence of the case, Peters brought back to the forefront of jurors’ minds the sequence of events leading to Emma’s outcry. Peters told jurors Emma first told her boyfriend, Lee Stewart, “he [Shelton] did something to me,” and referred to the “something” as “inappropriate touching.” Peters said Emma next spent half a day with child welfare workers telling her story. Only days later, Emma was brought to the police department to tell her story to Abercrombie.
Peters pointed out three critical elements of Emma’s claims: (1) All incidents occurred on a sofa within the home at night for about 10 minutes two to three times per week for a period of five years. Peters emphasized the sofa was situated in the room within clear view of most of the house, Shelton’s wife was only feet away in the master bedroom, Shelton’s teenage sons were up and about the house with no specific bed time, and Shelton had such poor hearing the television was cranked up so loud that neighbors knew what he was watching. (2) Emma claims Ronnie Shelton molested her in a shed on two occasions. Emma claimed a saw horse inside the shed was used. During his police interview, a detective asked Shelton if he could call his wife to ask about the saw horse. Shelton encouraged the detective to do so. With the absence of any saw horse inside the shed, Peters told jurors that Emma reported things that never happened. (3) Emma claimed she was molested inside a dock house at Shelton’s lakeside cottage. However, Peters told jurors, when the Gwinnett County Sexual Assault Nurse Examiner who testified at trial provided yet another version of Emma’s claim of molestation at the Lake Oconee home. Peters concluded by telling jurors, “She is reporting things that did not happen.”
Peters made light of his case, telling jurors in child molestation cases, “We don’t need to do any investigation.” People are predisposed to think, “Why would she make it up?” “Look at the stakes in this case,” Peters told jurors. “Ronnie said, ‘Yes, you can go to my house.’ Detective Abercrombie never went to look inside the shed. Detective Abercrombie never went to Lake Oconee to see if there was a dock house or not. It’s not there,” Peters said.
In pretrial hearings and throughout the trial, much discrepancy was raised regarding a journal Emma purportedly kept. “Where’s the journal? Is it too much to ask to see the journal?” Peters said. The journal was reportedly lost, according to Emma’s adoptive mother, Melissa Morgan, who last had possession of it. Morgan admitted to rifling through her children’s backpacks and bedrooms, reading their notes and journals to learn what was going on in her nine children’s lives.
Addressing the allegation made by 11-year-old Ryan, Peters told jurors Ryan was first interviewed in 2003 and said nothing ever happened to him. One year and three months later, Ryan “became a victim,” Peters claimed, “after all the activity in this case,” referring to a pretrial motions hearing conducted the same day Ryan reportedly made an outcry of sexual abuse. “Detective Clemmons did not read the statement made to Chris when the boys were joking and laughing and playing,” Peters said, referring to Ryan’s first outcry months earlier when he “jokingly” told his older brother, Michael, that he had been molested by Shelton. Bringing home the message Peters hoped to convey to the jury, he asked, “Do you think Emma would go to Ryan and talk to him about this case?” Jurors knew the answer by admissions in testimony of how the Morgan household was all a chatter about Ronnie Shelton and the child molestation charges.
Pointing out flaws in Emma’s otherwise perfect character, Peters reminded jurors of testimony from Emma’s boyfriend, Lee Stewart. “He told you that he knew no one in the [Morgan] family liked him” Peters said. “Despite her parent’s wishes, Emma was boyfriend / girlfriend with [Stewart] for 2½ years.” Peters pointed out that Emma disobeyed her parents. Referring to his questioning of Emma’s former boyfriend Peters asked, “Did she come to your house? Yes. How many times did she come to your house? A lot.” Peters told jurors that Emma was not being honest and forthright with her parents.
Peters reminded jurors of Emma’s adoptive mother’s testimony. “She spoke faster than I could think,” he said, referring to Melissa Morgan’s rapid fire testimony. “When I went home that night and reviewed my notes about her testimony,” Peters said, “I recognized that she admitted to one thing. That October 22 is the day after October 21.” “She’s a talker, buddy, I know that,” Peters said. Peters told jurors the Morgans have nine kids. “I can’t imagine the amount of talking that must have gone on inside that house,” referring to testimony from Emma’s brothers and half-sibling telling jurors there was a lot of talk about Ronnie Shelton and what he did to Emma going on in the house.
“Ronnie was anxious to tell you the truth,” Peters said. “You saw the lies they told Ronnie,” referring to his police interview. “Detective Nelson didn’t have the guts to come through that door [to testify]” Peters said. Peters told jurors that Detectives Abercrombie and Nelson should “come into this courthouse, take black paint, and paint over the words ‘justice’ everywhere it’s written on the walls of this courthouse.” “They should take down the flag and bury it,” Peters exclaimed, referring to the botched law enforcement investigation Hobbs admitted was “bad.”
Peters entered dangerous waters while giving jurors his closing arguments when he told jurors that Shelton had fostered 30 or 40 other children and none of them said anything. Hobbs objected to Peters’ statement, telling Judge Hamil that Peters violated the Georgia Rules of Criminal Procedure. “Move on to something else Mr. Peters,” Judge Hamil said. Peters’ comment, regardless of his admonishment by Judge Hamil, was brilliant. Hobbs’ attempt to silence Peters through an objection made jurors believe that Hobbs had something to hide. Judge Hamil’s instruction for Peters to “move on” simply made Peters look even better before the jury, since rules precluded Peters from telling jurors his version of the truth.
Peters reminded jurors of all the witnesses he brought before them to testify – Emma’s cheerleading coach, daycare workers, neighbors and a member from the church, Shelton’s wife and biological children. Even a child welfare worker who testified she had a lot of contact with both the Sheltons and the children, was trained to know what to look for, and still the children made no outcry of abuse. While reminding jurors of the witness’s testimony, a juror was observed flipping through his notes to remind himself of what the witness said.
“Larry Laughlin testified” before the jury, Peters said. “But for the grace of God, there go I. “That’s what I think he wanted to tell you” Peters said. Laughlin and his wife visited with Emma and her brothers for months in effort to adopt them. Laughlin told jurors the children “jinxed” his adoptive efforts because they wanted to remain with the Sheltons.
Peters, a well-known and respected defense attorney in Georgia, continued his closing argument while other attorneys quietly took few open seats to watch him in action.
Peters told jurors, most disturbing in light of the allegations against Shelton, “The kids came back.” After Emma, Michael and Ryan were adopted by the Morgans, the children returned to visit with the Shelton family for a long time. They visited for Thanksgiving, Christmas, birthdays, and Emma even babysat for the Shelton’s younger foster children.
Peters concluded his closing arguments with a different pitch to jurors. As jurors’ body language began to give signs of losing interest, Peters focused on the straying eyes and crossed arms of jurors, lowering his voice to a softer tone and saying, “You are people who have some life experiences. You’ll always look back on this case and say, ‘You know, I did the right thing.’” Peters referred to a desk ornament his daughter gave him saying, “Be strong, be brave, and never give up. -- Psalm 31:24”
“When the Titanic went down, about 1,500 people went down with it and only a few were saved,” Peters said. “In my heart, in my soul, I’ve done everything we can do to save Ronnie. I’d ask you to move your lifeboat to him and save him. It’s the right thing to do. It’s the fair thing to do,” Peters said.
“I beg you to return a verdict in this case that speaks the truth, and that is not guilty,” Peters concluded. He then sat down quietly while the room was silent.
The Final Word
Keeping the final word hers, assistant district attorney returned to the podium following Peters’ attention commanding performance. “What did I tell you in my opening statement?” Hobbs asked. Hobbs explained the children went to the Shelton’s foster home and had a good life there. “And that’s what you heard,” Hobbs said. “I did everything I could to give you what evidence I could.”
Hobbs pointed out that Emma was protective of her younger brothers and denied herself her own happiness. Using a defense witness’s testimony to her advantage, Hobbs pointed out the testimony of Larry Laughlin, reciting his recollection of Emma’s protectiveness and mothering of her younger brothers. “She put up with it for five years,” Hobbs explained. “She had to take care of her brothers, make sure they got fed. She became the perfect daughter, the perfect student. It’s offensive,” Hobbs emphasized, “that they’re penalizing her for overcoming her circumstances.”
Using other defense witness testimony to her advantage, Hobbs told jurors that expert witness Amy Morton testified she’d been to the Gwinnett County courthouse before and testified in a similar case involving an excellent student, but that child was still abused.
Hobbs reminded jurors of Emma’s testimony, explaining Emma was close with her boyfriend and disclosed to him, telling him not to tell her parents. Hobbs told jurors “The only evidence you heard is that [Emma’s] parents were a part of the solution.” Hobbs told jurors Emma could have picked someone else to blame for her abuse other than Ronnie Shelton. “She could have picked [Larry] Laughlin. She spent time with him. Even when she disclosed,” Hobbs said, “she still worried about others. ‘It’s going to kill Lynn,’” Hobbs recalled.
Hobbs told jurors that Shelton “was the only man that [Ryan] had ever known. [Ryan] didn’t want to be here. ‘I still don’t know what happened to [Emma],’” Hobbs told jurors was Ryan’s testimony. Hobbs continued to point out that “All of the witnesses brought in here weren’t in the home from 1994 to 1999.” Using his own words against him, Hobbs reminded jurors of Shelton’s statements to detectives, saying, “I’ve know [Emma] and she is not a liar.”
When Hobbs addressed Shelton’s response to detective’s questions concerning certain sex acts between Shelton and his wife, Hobbs told juror Shelton replied, “No, my wife’s not into that.” Hobbs told jurors, “That’s what he needed [Emma] for.” Hobbs told jurors that Shelton agreed with everything on the stand, except what got him into trouble.
Hobbs’ closing argument was powerful. “Who has been the liar in this case?” Hobbs asked jurors. “Who has been proven to be the liar in this case?” Pointing to where the defendant sat, Hobbs said, “Ronnie Shelton.”
Admitting Abercrombie conducted a poor interview, Hobbs told jurors “Detective Abercrombie did a bad job, but don’t hold that against [Emma] and [Ryan]. Don’t hold it against them. Don’t penalize them.” Hobbs concluded her closing argument in 20 minutes.
Case Handed to the Jury
Immediately following closing arguments, Judge Hamil read to jurors the jury charge instructions for more than 20 minutes. Judge Hamil read the Georgia statutes for each of the alleged crimes of child molestation and aggravated child molestation. After he finished reading the tedious jury charge instructions, Judge Hamil announced two of the 14 jurors were alternates and, after thanking them for their service, dismissed them from the jury.
The jury was handed the case of State of Georgia vs. Ronald William Shelton, accusing him of four counts of child molestation and four counts of aggravated child molestation, at 11:45 a.m. this morning. The jury immediately went to lunch.
Brief Interview with the Defendant
While jurors were deliberating his fate, defendant Ronnie Shelton sat with this writer and asked about my case, State of Georgia vs. Erik Adam Cooper, brought to trial in March 2006. “I’ve got a pretty good feeling about it,” Shelton told me. Shelton said his legal expense and costs associated with the trial have cost him more than $252,000. Shelton, who recently retired from his employment with Avon Corporation after 31 years, said he lost “my whole retirement.” When he spoke of the children, his alleged accusers, Shelton fought back tears and said, “I love those kids.”
The Verdict Is In?
At 3:40 p.m. this afternoon, after only a few hours of deliberation, the bailiff summoned all counsel to the courtroom. More than 24 friends and family members attending the trial on behalf of Shelton filed into the courtroom with somber expressions. Moments later, Judge Hamil entered and said the jury had a question. Relieved that no verdict was in, defendant’s counsel Peters and state attorney Hobbs listened intently as Judge Hamil explained the jury’s question.
The jury asked if they could see a medical report tendered as evidence but excluded from part of an exhibit handed to them. The medical report was not tendered as part of the exhibit, and since evidence was already closed, Judge Hamil told counsel the jury could not receive any additional evidence or information other than what had already been provided to them.
Juror Causes Possible Mistrial
The jury did not reach a verdict today in this case. At 5:15 p.m., an unusual situation arose involving one of the jurors inside the jury deliberation room. Judge Hamil cleared the courtroom of all visitors to address the sensitive matter. Peters told this writer a juror had been excused from the jury. Apparently, while jurors cast a silent vote of guilty or not guilty, one of the jurors shared with his fellow juror that he had never told anyone that he was molested as a child. Using himself as an example, the juror continued to share his opinion that simply because Emma did not disclose her abuse timely did not mean she was not molested.
When defense attorney Peters and state prosecutor Hobbs reviewed their notes during the voir dire jury selection process, they both concurred the jury denied any history of sexual abuse involving himself, and denied knowing anyone who had been a victim of sexual abuse. Since the juror lied during voir dire, he was removed from the jury. Judge Hamil indicated he planned to admonish the juror publicly in the morning.
Excusing a juror after the case has already been handed down creates problems for the court. An alternate juror who had been excused hours earlier, was summoned by the court to return tomorrow to participate in deliberations. Judge Hamil explained to jurors that because of the unusual situation occurring today, they must ignore their earlier deliberations of the case and begin anew tomorrow when the alternate juror joins them, allowing her to have equal footing in the deliberation process.
The proceedings concluded today at 5:30 p.m.
What’s coming up?
Jury deliberations will continue on day 10 of the trial of Ronald William Shelton. An alternate juror will be welcomed to the jury deliberations, and Judge Hamil is expected to admonish the disruptive juror.
A verdict in this case is expected Friday, Sept. 22, 2006.
Learn more about this true life trial of the child molestation case by checking this website daily and clicking on each day’s new link.
Have a question?
Did our coverage of this trial exclude something you find very important? Email us at editor@adoptinfo.net, or louis@adoptinfo.net to ask us your question. We will share your thought with our writer, Erik A. Cooper, and post his response to your question in our blog soon.
Share your opinion!
Your opinion counts! With your input, we can all learn from this coverage. What do you think? Share your opinion by e-mailing us at louis@adoptinfo.net or editor@adoptinfo.net.
About the writer:
For more information about Erik Cooper’s personal experience as a foster parent accused of child molestation, visit his website at www.ErikCooper.com. You may also read Cooper’s personal story written exclusively for Fostering Families Today online at this link:
http://www.fosteringfamiliestoday.com/FFT/fft_web/ci_spotlight_beanId_2837.html.
DISCLAIMER: Trial of a Child Molestation Case is a true story involving actual events and the people involved. Whenever possible, the actual names of those involved in the case have been used. All minor children’s names have been changed to protect them. All information is available through access of public records, including actual courtroom testimony, transcripts, and other written documentation. Some information may not be available under seal of the court.
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