Prosecution begins case as Davenport jury seated

Published 12:00 am Tuesday, March 2, 2010

After working until 8 Monday night to empanel a jury of 12, state prosecutors began making their case in Warren County Circuit Court today against a Vicksburg state trooper accused of child sexual molestation.

Dane Davenport, 47, 407 Warren St., is accused of four counts of sexual battery of a child younger than 14 and five counts of fondling a child younger than 16.

Prosecuting and defense attorneys began today’s session with their opening arguments, and then initial witnesses took the stand.

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Prosecuting attorneys Brandon Ogburn and Stan Alexander will try to prove that Davenport molested two boys in nine separate instances — one in October 1999, three in 2003, two in 2005 and three in 2007.

But lead defense counsel John Zelbst told a pool of potential jurors Monday that Davenport has been falsely accused and there is no physical evidence to support the allegations.

The case is being tried here for the second time. In September 2008 a jury was unable to reach a verdict after about six hours of deliberation, and a mistrial was declared.

Davenport had been arrested in January 2008.

The jury of six men and six women with two women alternates was empaneled by Circuit Judge Isadore Patrick.

Monday afternoon, Patrick questioned potential jurors and dismissed a number of them who said their knowledge of the case or knowing the people involved would prevent them from being impartial.

Others were dismissed after conferring privately with the judge and attorneys.

Jurors will issue verdicts on each of the nine charges. If convicted of sexual battery, Davenport faces a potential life sentence, and convictions on the fondling charges could mean 15-year sentences.

In February 2009, Davenport was acquitted in Oktibbeha County of one count of fondling a child under 16. The charge was made by one of the same teens accusing him in Warren County.

Contact Pamela Hitchins at phitchins@vicksburgpost.com