Boy says brother was ‘whipped’

By GINA KINSLOW
Glasgow Daily Times

BURKESVILLE July 18, 2008 12:35 pm

— Testimony in the trial of an Allen County woman charged with beating her boyfriend’s 5-year-old son began Thursday in Cumberland County.
The brother of the boy who was allegedly beaten by Tammy Starks told jurors the boy was “whipped.”
Starks, 37, of Scottsville, is charged with criminal abuse in the first degree involving a child younger than 12. She also faces several drug-related charges.
Starks allegedly beat the boy on April 7, 2007. The boy and his brother, who was 9, and sister, who was 6, were visiting their father, Michael Graves, at his Monroe County home during the children’s spring break from school.
The boy was allegedly beaten with a belt for telling a lie.
The three children, plus their father and mother, testified Thursday.
Their mother, Emily Moore, of Tompkinsville, said she didn’t notice any bruising on her son until after he awoke from a nap around 5:30 p.m. on April 7.
On the witness stand, her older son remembered his brother got in trouble during the visit, but he didn’t remember why. However, he did say his brother was punished by Starks.
Wes Stephens, assistant Commonwealth’s attorney for Monroe County, asked him what Starks did to punish the boy, he said she “whipped him.”
He also testified he and his sister were in their bedroom and their brother was in Starks’ and Graves’ bedroom.
Stephens asked if he heard anything and he said he heard his brother crying.
“Did your dad know Tammy had whipped (him)?” Stephens asked.
“No, I don’t think he did,” he said.
The victim’s sister also testified that her brother got in trouble, but didn’t recall why.
Stephens asked her where she was when the alleged incident occurred. She said she was in her room with her older brother, and that their father was in the living room.
Stephens asked if she recalled hearing a noise coming from the room where her younger brother and Starks were.
“I heard a pop in Tammy’s room,” she said.
In cross-examination, Ken Garrett, attorney for Starks, asked the little girl if she could see anything. She said no.
The victim testified he got in trouble during the visit, but didn’t remember why. He also testified that Starks whipped him with a belt on his leg.
When Garrett cross-examined the boy, he testified his brother and sister were at their grandmother June Graves’ house in Tompkinsville when the alleged incident occurred.
He also said he was never spanked by his dad.
When Michael Graves took the stand, he said he did not hear his youngest son cry nor did he hear anything that sounded like a child being whipped.
According to Kentucky State Police Trooper Michael Dubree, when he and Trooper Ricky Brooks went to the home to question them about the alleged abuse, they discovered drugs and drug paraphernalia.
Graves admitted the drugs were his.
Stephens asked Graves if he believes his youngest son was abused.
He replied “yes.”
“Do you know who did it?” Stephens asked.
“I have no idea,” Graves said.
Graves testified that when he awoke he saw Starks and his youngest son sitting on the bed together.
“Was he crying?” Stephens asked.
“No, he wasn’t,” Graves said.
“Did you hear any crying?” Stephens asked.
Graves said he didn’t, adding he could tell the child had been crying because of the way his eyes looked.
Stephens also asked Graves if he remembered telling Misty Morgan, a social worker for the Kentucky Cabinet for Health and Families, if there was any bruising on the boy he must have done it.
Graves remembered making that statement.
“The reason I made that statement is because I’m the one who disciplines the children,” he said.
When spanking the children, Graves said he uses his hand, but he had used a belt in the past. He said he stopped using a belt after he left a mark on one of the children.
Jurors also heard testimony from Morgan, Dubree, the children’s maternal and paternal grandmothers, and a nurse who was working in the emergency room the afternoon the victim was brought to the hospital.
Graves was arrested on April 21, 2007, and charged with criminal abuse in the first degree; possession of methamphetamine; and use/possession of drug paraphernalia. He entered a guilty plea on Feb. 22, 2008, and prosecutors recommended the charge of criminal abuse in the first degree be reduced to criminal facilitation to commit criminal abuse in the first degree, a class A misdemeanor. A sentence of 60 days in jail was recommended, according to Monroe County Circuit Court records.
An additional sentence of three years was recommended for the drug charges.
According to court records, he was to serve 60 days with the remainder of the sentence diverted for five years.
Starks’ trial was originally scheduled to be in Tompkinsville, but the location was changed because court officials were unable to seat a jury that had no prior knowledge of the case.
In addition to the abuse allegation, Starks was charged with possession of a controlled substance in the first degree (cocaine); possession of a controlled substance in the first degree (methamphetamine); and possession of drug paraphernalia.
Testimony is expected to continue Friday.