After 20 minutes of deliberation on Friday, the jury returned a guilty verdict for a Glasgow man on trial for rape.

Nicholas L. Depp, 43, who represented himself, was convicted on one count of first-degree rape and one count of first-degree sodomy.

The charges stemmed from a July 25, 2005, incident, where the defendant was accused of having sex with a then 17-year-old victim through “forcible compulsion,” according to the indictment.

In the sentencing phase of the trial, jurors came back from additional deliberation and recommended 15 years in the penitentiary for each charge.

The sentences are to run consecutively for a total of 30 years.

Assistant Commonwealth Attorney Traci Peppers, who prosecuted the case, said she was “very pleased” with the ruling.

“These cases are always hard to prove because they’re never done in the middle of Wal-Mart parking lot and it’s always he said-she said whether it was consensual or not,” Peppers said.

Depp, a black man, felt it was a “stacked deck” against him.

“I was kind of stacked deck, me being an African American and all the jury’s Caucasian American and the plaintiff is a Caucasian American,” he said. “It was just a stacked deck. It will be back on appeal.”

The defendant said he decided to represent himself “because I didn’t want to take a plea bargain.”

Testimony from both the defendant and the victim indicated that sex was involved on the night in question.

Their stories differed, however, on whether the actions were forced or not.

In her testimony, the victim told Peppers and the jury she was picked up at her home on Glasgow-Park City Road in the early morning hours of July 25 by both Depp and another female, Brandy Bunch.

Earlier testimony from Bunch corroborated that she did, in fact, take the defendant to pick up the victim.

All three went back to Bunch’s apartment before Depp and the victim left roughly five to 10 minutes later, according to testimony.

While on the witness stand, the victim stated she thought her and Depp were heading to another individual’s house when they made a detour to Cleveland Manor Apartments, where Depp’s “stepfather,” one Bobby Rice, resided.

The purpose of the visit, she said, was to charge a cellphone.

“He told me to go to the bedroom so that we wouldn’t bother his stepdad while he was asleep,” she said.

Once in the bedroom, the victim said she sat down in a chair before Depp came in and told her she needed to stand up, which was refused.

“Well, if you don’t stand up, I’m going to go get something to make you stand up,” the victim testified as being Depp’s response.

From there, she said he went into another room and came back in with a gun. At this point, the victim testified, she stood up, put her head down and started crying.

After instructing her to remove her clothes, Depp proceeded to engage in vaginal sex with her four times, anal sex twice and oral sex once, according to the victim.

She said it started around 1 a.m. and lasted for the next five to six hours.

Shannon Phelps, a forensic biologist specialist with the Kentucky State Police’s central lab, said she received vaginal and anal swabs from the victim, cutting from her panties, blood samples and a buckle swab from Depp.

Tests revealed that DNA from the vaginal and anal swabs matched that of the defendant, Phelps testified.

Glasgow Police Department Sgt. Jimmy Pedigo, who investigated, said that during an interview with Depp, he asked if the defendant did, in fact, have sex with the victim.

The answer Depp gave, according to Pedigo, was that he was so messed up on dope, he did not know who he had sex with.

In both his opening statement and his own testimony, Depp admitted to having sex with the defendant.

However, he said it was consensual and done for pay.

“We had sex,” Depp told jurors while on the witness stand. “I never once disputed that. We had consensual sex. Consensual, not once, but twice, on two different occasions. Was it for money? Yes, it certainly was. It certainly was for money. Yes it was, and I didn’t mind a bit giving it to her.

“As a matter of fact, I still owe her money to this day, and that’s the gospel truth.”

Depp also denied using a gun to force the victim into sexual intercourse in the early morning hours of July 25, 2005.

“I did not carry no gun, of any kind ... BB pistol, pellet pistol, any kind, make believe,” he said. “None. Never happened. In fact, the whole case that (the victim) and the commonwealth is trying to make is the fact that no sex would have ever happened had I not had the gun.”

Witnesses who testified for the defense said they had never known Depp to carry a gun.

One of those witnesses, Tony Moore, testified he had known the defendant for around 16 years and that he also never knew him to be “vicious with the women.”

“You will not find nobody in Glasgow or a 100 mile radius around here that will tell you that Nicholas Depp is a rapist,” Depp said. “What they’ll tell you is Nicholas Depp sure has a good time.”

With the defendant representing himself during trial, Peppers said it did nothing to change how she prepared for the case. Instead, she was mindful of his courtroom presentation.

On numerous occasions, she objected to Depp offering testimony instead of cross-examining witnesses.

“A lot of times, when there’s defense attorneys and they know the rules of evidence, you can sometimes predict some of the things that they’re going to argue,” Peppers said. “When they’re representing themselves, you don’t know what they’re going to do or what they’re going to get up and say.”

Depp is set for final sentencing on Aug. 20.

Also on that day, a status hearing is scheduled for a second case.

In that instance, Depp is charged with attempted rape and unlawful imprisonment.

A second victim was involved in this case, which allegedly took place on July 23 or 24, 2005, according to the indictment.


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