Kelly Lumadue, 32, is awaiting a new trial on charges she had sex with a 5-year-old boy 11 years ago. The victim, now 16, does not remember the incident. (SEMINOLE COUNTY SHERIFF'S OFFICE / November 20, 2007)
SANFORD - A 33-year-old woman charged with having sex with a 5-year-old boy went back on trial today in Sanford.
Kelly Lumadue was convicted last year of sexually battering the boy, but a judge threw out that verdict, citing potential juror misconduct and an overly-aggressive prosecutor.
Lumadue has admitted having sex with the child. Her acts also were captured on videotape, something prosecutors plan to play for jurors, just as they did at her last trial.
The sex happened 12 years ago, when Lumadue was 21, but she wasn't charged until 2003. That's when the tapes surfaced. A garbage collector found them in a bag outside her Volusia County home. They were among videotapes Lumadue had thrown out.
When they were made in 1996, Lumadue was married to a professional pornographer, Leonard Lumadue, a man much older than her who has since died. He is the one who recorded the sessions.
Kelly Lumadue told jurors last year that she made the tapes under duress from Leonard Lumadue.
If convicted, Kelly Lumadue faces a mandatory life prison sentence.
The child, now a teenager, does not remember the sex acts, according to prosecutors.
This morning, Circuit Judge Debra S. Nelson heard a series of pre-trial motions before calling in a pool of potential jurors.
Testimony is to begin Tuesday.
The trial is expected to conclude this week.
Source : orlandosentinel
No comments:
Post a Comment