Med­i­cal emer­gency puts child sex­ual abuse trial on hold

Texarkana Gazette - - FRONT PAGE - By Lynn LaRowe

Pro­ceed­ings in a child sex abuse trial in Miller County were put on hold Thurs­day be­cause of a de­fense wit­ness’ med­i­cal emer­gency.

Ger­ald Her­bert Low­ery Sr., 58, is ac­cused of mo­lest­ing the daugh­ter of a for­mer girl­friend’s room­mate in a unit of the Links Apart­ments in Texarkana, Ark., in 2004 and 2005 when the girl was ap­prox­i­mately 6 years old. Low­ery is charged with rape and sex­ual in­de­cency with a child.

A jury of six men and six women heard from wit­nesses tes­ti­fy­ing for the state Wed­nes­day. The state rested its case Wed­nes­day and the de­fense was ex­pected to be­gin call­ing wit­nesses Thurs­day morn­ing. How­ever, the jury was told Thurs­day morn­ing by Cir­cuit Judge Carl­ton

Jones that a de­fense wit­ness be­came ill Wed­nes­day evening and has been hos­pi­tal­ized.

Af­ter plac­ing the jury in a pro­longed re­cess dur­ing which the court re­ceived in­for­ma­tion on the wit­ness’ abil­ity to tes­tify, Jones ad­journed the trial for the day. The wit­ness is now ex­pected to tes­tify via Skype from the hos­pi­tal Fri­day morn­ing.

Among the wit­nesses the jury heard tes­ti­mony from Wed­nes­day were the al­leged vic­tim in the cur­rent case as well as an 11-year-old rel­a­tive of Low­ery’s who al­leged sex­ual abuse at his hands.

Low­ery is rep­re­sented by Man­ag­ing Pub­lic De­fender Ja­son Mitchell. Deputy Pros­e­cut­ing At­tor­neys Con­nie Mitchell and Kris­tian Robert­son are han­dling the state’s pros­e­cu­tion of Low­ery. Ja­son Mitchell and Con­nie Mitchell are not re­lated.

Low­ery faces five to 20 years in prison and a fine up to $15,000 if con­victed of sex­ual in­de­cency with a child. If con­victed of rape, Low­ery faces 10 to 40 years or life in prison.


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