Mother testifies to ‘uneasy feeling’ for years

On the second day of testimony in the trial of Richard Dane Davenport, the state trooper accused of molesting two boys, jurors heard from the boys’ mother that she’d had an “uneasy feeling” for years about the defendant before finding him molesting one of her sons in September 2007.

The incident, which allegedly took place in Oktibbeha County, is not part of the indictment handed down by a Warren County grand jury in January. Circuit Judge Isadore Patrick, presiding over the case in Warren County Circuit Court, told jurors testimony about the Oktibbeha incident was not relevant to his guilt or innocence, but to help them gauge intent and relationships among witnesses.

In his cross examination, lead defense attorney John Zelbst suggested that the mother made the allegations of abuse to get revenge or vindication for business dealings based on her personal relationship with the defendant. He also questioned her about previous allegations of abuse she’d made against the boys’ father, as well as her business affairs, work habits and household routine.

State law prohibits naming sex-crime victims. To identify the mother would be to identify the teens Davenport is accused of molesting.

Jurors also saw videotapes the mother secretly made in 2002 because of “uneasy feelings” about the defendant that she repeatedly refused to characterize as “suspicions.”

The tapes, which had been enhanced by investigators in the state attorney general’s office, were shown several times during the course of Thursday’s session by both prosecution and defense attorneys. A composite of a number of taping sessions over the course of about six months, the tapes reveal aspects of normal daily routines, along with one incident in which Davenport is shown reaching under the bed covers of one of the boys and putting his hand somewhere on the boy’s midsection for approximately 6 seconds.

Questioned by defense counsel, the mother said she interpreted Davenport’s action as an incident of abuse.

The trial, which began with jury selection Tuesday, resumes today, with testimony expected from the two boys, who are brothers.

Zelbst would not say how many witnesses he plans to call. “We’ve got a lot of witnesses,” he said.

Davenport, 46, faces four counts of sexual battery of a child under 14 and five counts of fondling or touching a child under 16. The alleged incidents took place in October 1999, July 2003, November or December 2005, May 2007 and August 2007. The separate indictment was brought by an Oktibbeha grand jury. The case is being prosecuted by the Mississippi State Attorney General’s Office because Davenport was indicted in two jurisdictions.

Davenport is a state trooper with the rank of master sergeant. Since his arrest he has been on administrative leave without pay. Zelbst said Davenport was working various jobs in the area while free on bond.

In Wednesday’s testimony, witnesses testified that no physical evidence of sexual abuse was found, either in physical examinations of the boys or in DNA testing of their personal possessions. Experts stipulated that in some cases, such physical evidence will not show up even when abuse has occurred. However, a Madison County psychiatrist also testified that he found “within a reasonable degree of medical certainty” that the behavior of both boys is consistent with having been sexually abused. Under cross examination he said he had not interviewed independent witnesses or examined the academic or behavioral records kept by the boys’ schools.