The Register-Herald, Beckley, West Virginia

Local News

April 16, 2008

Not guilty verdict returned in sexual abuse case

Chrissy Boone

SUMMERSVILLE — A Summersville man has been acquitted of felony child sexual abuse charges in Nicholas County Circuit Court.

Richard Workman, 40, was indicted in September on charges of first-degree sexual abuse and sexual abuse by a parent, guardian or custodian.

During the two-day trial, the alleged female victim, now 10, testified Workman had taken her into a bedroom on at least three occasions and sexually abused her. The incidents were alleged to have occurred in June and July 2006 at the family residence.

The girl said her mother was asleep or taking a shower at the time of the alleged incidents.

Defense attorney Ken Barnett questioned Workman on his time spent with the girl during June and July 2006. Workman, who broke down into tears several times on the witness stand, said he worked in Maryland through the week and returned home late on Friday evening. He then left for work again about 1 p.m. on Sunday. Workman testified he was never left to care for the girl or another child in the home. The child’s mother was always present.

The jury was shown a drawing of Workman’s single-wide mobile home. The bedroom where the alleged fondling took place was directly adjacent to the living room.

Workman also challenged State Police Trooper Dan White’s report that the girl was taken to the bedroom where he locked the door before touching her. Workman said the bedroom door has never had a lock on it.

A lab technician testified he had run tests on the girl’s bed linens. There was no semen or other fluids found on the linens.

Assistant prosecutor Kelly Hamon said during closing arguments the girl had no reason to lie or to make up a story about Workman.

Hamon said Workman had two years to work on his story and was unable to testify without the aid of a written time line.

Barnett argued there was no physical evidence to convict Workman of the crime. The entire case rested on the testimony of the girl. Barnett pointed out the child could not recant her story because her mother had threatened to punish her.

The jury deliberated less than an hour before returning the not guilty verdict.

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