Closing arguments start today in rape, sodomy trial
Feb 26, 2013 | 2925 views | 0 0 comments | 14 14 recommendations | email to a friend | print
Day three of testimony in the rape and sodomy trial of Carl David Plylar opened with state forensic computer examiner Russell Yawn.

Yawn testified that he did not find any child pornography on any of the three computers seized from Plylar’s Body Shop, which was the defendant’s business and residence. All three computers did have evidence of searches for pornography featuring bestiality. There were also memberships to bestiality sites bookmarked on the computer.

The defense maintained there is no way to determine who conducted the searches or who joined the sites.

The second witness for the day was Helen Hughes Evans, a pediatrician who examined the alleged victim in this case in 2002 at the Children’s Hospital Intervention and Prevention Services. She testified that her exam resulted in non-specific findings. Evans also said the exam showed abnormal results, but nothing that absolutely pointed to sexual assault, such as a sexually transmitted disease or pregnancy. According to the doctor, less than 5 percent of these exams find specific evidence of sexual abuse. She said the other 95 percent result in either non-specific or normal findings. She maintained that the findings indicate something happened to cause the abnormal findings.

“Normal exams are normal for children,” Evans testified. She said there have even been instances of confessed abuse, where the victims still presented normal results.

The prosecution also called another woman to the stand who said she spent time at Plylar Body Shop as a child because her mom was friends with the defendant’s girlfriend at the time. She alleges that Plylar began touching and hugging her and making inappropriate remarks and comments to her. She also alleges that Plylar raped her the last time she was at his shop. She told investigators about the touching and other more minor incidents during the original investigation, but she never told anyone about the rape, including her parents, until recently. She said her decision was based on a need to see justice done, as well as the fact that she now has a daughter.

“I have a daughter, she’s 6 and I don’t want anyone to ever hurt her the way I’ve been hurt,” the witness testified.

The emotional and detailed testimony included her admissions of guilt in drug and burglary related crimes in the past, as well as the fact that she is currently on probation and facing additional burglary charges. She alleges that the drug use and acting out stemmed in large part from the distress associated with this incident.

Following the testimony of that witness, the state rested. The defense also rested, without calling a witness.

After the lunch break, Judge Jerry Selman dealt with an alleged issue of a witness in the case being threatened. The last witness, who alleged rape at the hands of the defendant, said as she left court a young man told her, “Snitches end up in ditches.” Interpreting this as a threat to her safety, the witness, who had been excused, fled the courthouse and called the Walker County District Attorney’s Office to alert them. Sheriff’s deputies in the courthouse apprehended a man matching the description and brought Zachary Jervis before the court. Selman, after saying that if he had legal recourse he would commit Jervis to custody immediately, barred him and his female companion from the courthouse.

The charge conference will begin today at 9 a.m. and closing statements will begin at 10 a.m. The case is expected to be given to the jury today.