Florence, Ala. | Thursday, May 23, 2013
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Charges dropped; sodomy, sex abuse case bound for grand jury
By Russ Corey
The TimesDaily

MOULTON — Sex abuse and sodomy charges filed against a Trinity resident will be presented to a Lawrence County grand jury, likely before the end of the year.

Christopher Ray Roberts, 36, Lawrence 217, was arrested in October on charges of sexual abuse of a child under 12, two counts of first-degree sodomy and two counts of first-degree sexual abuse.

Lawrence County Assistant District Attorney Bob Lang asked District Judge Angela Terry to dismiss the charges against Roberts after defense attorney Bill Underwood requested the reported victims testify during Roberts’ preliminary hearing.

A person arrested for a crime has the right to a preliminary hearing, which is used to determine if there is sufficient evidence to support the charges. Charges can be dismissed or a case can be bound over to a grand jury.

“Sometimes the defense wants to use it for a little more than that,” Lang said without elaborating.

Lang said he decided to dismiss the charges because he did not want the reported victims to testify at the preliminary hearing and again during Roberts’ trial.

“We explained to them that we would do this,” Lang said. “We elected to dismiss the case and present it to the grand jury so they wouldn’t have to testify during the preliminary hearing.”

Authorities said the sexual assault started about 15 years ago and continued for several years. They said the investigation revealed the sexual abuse took place at different sites in Lawrence County.

Roberts was arrested at his residence in Trinity, which is in eastern Lawrence County. He remains out of jail after posting bail.

Investigators said the two girls, who are now adults, were 10 and 12 when the abuse and sodomy reportedly began. Roberts is a family acquaintance of the girls, officials said. The girls are cousins.

Lang said he anticipates Roberts will be indicted on the charges and possibly others.

“The case is still an active case,” Lang said.

Lang said the case would be presented to the next grand jury, which meets later this month.

If convicted, Roberts faces up to 10 years in prison for first-degree sodomy, a Class A felony, and 2-20 years in prison if he is convicted of sexual abuse of a child under 12, a Class B. felony.

“Anytime you have charges dismissed against your client, regardless of the reasons, you’ve got to smile,” Underwood said.

Underwood said he has never had a prosecutor dismiss charges against a defendant to prevent him from questioning one of the reported victims.

Russ Corey can be reached at 256-740-5738 or russ.corey@TimesDaily.com.

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