Calhoun Circuit Court Actions on Thursday, February 15th

JAMES KEITH HARDMAN

James Hardman appeared before Judge Anita Harold Ashley in Case 24F2 with his attorney Calvin Honaker. Prosecuting Attorney Michael Hicks summarized that a plea agreement had been reached with the defendant in which Mr. Hardman will plea guilty to the charge of Failure to Register as a Sex Offender, count 2 of the indictment will be dismissed and his possibility of a 1-5 year sentence, (yet to be determined), will run concurrent with his current sentence of 5 years and 91 days that he is serving for revocation for violation of terms of prior sentencing for the same charge of failure to register. 

Hardman’s case is Continued for 2:30 p.m. April 18th, 2024 for sentencing

JAMES PAUL HANLEY

James Paul Hanley appeared with Attorney Daniel Minardi, 24F15 for a Pretrial conference relating to the charge of Failure to Register as a Sex Offender. The case was continued until March 5th, 2024 for Pretrial.

KRISTINA KIRKBRIDE

In Case 24F14, Kristina Kirkbride appeared before Judge Ashley with her Attorney, Mark Plants. She entered a plea of not guilty to Possession with Intent to Deliver a Controlled Substance and her case was continued until June 6th, 2024 at 1:15 p.m. Attorney Plants informed Judge Ashley that he did not believe this case would be tried. Bond was transferred from Calhoun Magistrate Court. 

CHARTER BADGETT

In Case 23F19, State vs. Charter Badgett, being charged with Sexual Abuse by a Person in a Position of Trust to a Child and Sexual Abuse in the 1st Degree, Badgett appeared before Judge Anita Harold Ashley for Pretrial. 

Prosecuting Attorney Michael Hicks called Trooper J.D. Richards to the stand to determine whether or not a Motion to Suppress information would be allowed during trial. Trooper Richards testified as to the procedures leading up to the arrest of Charter Badgett. 

Through questioning, Trooper Richards stated that he had contacted Mr. Badgett in September of 2022, and that he visited the home of Mr. Badgett December 8th, 2022 on Oka Road. During that visit Badgett had willingly invited the officer into his home without objection. When Trooper Richards questioned him about the allegations of Sexual Abuse, Mr. Badgett denied the charge and was willing to take a polygraph the following day, December 9th, 2022. 

Prosecutor Hicks asked “To your knowledge did the defendant make statements to another officer?” To which Trooper Richards Responded, “Yes.” 

Defense Attorney, Daniel Minardi, questioned Trooper Richards as to whether there was an interview on his person at all times, to which Richards confirmed. The attorney the asked if he had the camera running on a December 9th, 2022 interview with Mr. Badgett, which the Trooper stated that he did, but that nothing was recorded on the December 8th, 2022 interview.  The Trooper also confirmed that the defendant had been mirandized during the December 9th conversation that he had with Mr. Badgett on that date.

On three occasions, Attorney Minardi asked Trooper Richards how many cases he had won and lost or the percentage of losses of cases. Prosecutor Hicks objected and Judge Ashley sustained the objection saying that it was neither relevant, nor was it a cross examination. 

Prosecutor Hicks submitted State’s exhibit A as evidence, which was the video from the body camera of Trooper Richards during his interview on December 9th, 2022 of Charter Badgett. 

Cpl. M. Jarvis of the Brureau of Criminal Investigation (BCI) was brought in Trooper Richards to conduct a polygraph examination on Mr. Badgett on the 9th of December 2022. But prior to the polygraph exam the defendant made an incriminating statement that causes Cpl. Jarvis to call for Trooper Richards. 

Cpl. Jarvis had been conducting a pretest interview that determines the eligibility and questioning of a defendant. During that time Mr. Badgett had been mirandized and initialed the following statements:

YOUR RIGHTS SECTION;

1. Understanding his rights
2. Right to remain silent
3. Anything you say can be used against you
4. Right to talk to an attorney
5. Receiving a Court Appointed lawyer if you cannot afford one
6. If you answer questions you have the right to stop at anytime.

He was advised he was not under arrest and free to leave at any time. He was explained as to what coercion was and confirmed that he was not being coerced. 

The polygraph was not videoed, as it is illegal for such to occur, but during the pretest, Charter Badgett indicated that he had touched the victim over the clothes for sexual gratification. Once that statement was made, Cpl. Jarvis stopped the interview and disclosed to Trooper J.D. Richards what had been said. 

It was decided at that point for a statement to be taken, at which time Trooper Richards began recording with the knowledge of all involved. The  6-8 video was played before the court. Mr. Badgett was seen and heard describing what he had one to the young girl saying “I did not unbutton her pants or go inside her pants. He apologized and told the Trooper it was “just a came of being a dumbA**.” He said he asked the girl if she was going to tell anyone to which she replied no. He then made statements about his mental state and the possibility of having  saying that there was a chance he was mentally impaired. 

When Prosecutor Hicks asked Cpl. Jarvis how he would characterize the interaction between Badgett, he said it  a “Friendly and joking interaction.” 

Hicks told Judge Ashley that he believe the State had met it’s burden that the interview, statement and mirandizing in no way violated the defendant’s rights and that he entered into it voluntarily.

Attorney Minardi objected saying that it was clear that Badgett was confused and questioned if he could competently waive his rights and should have had an attorney present. 

Judge Ashley denied the motion to supress and the trial date of April 16th, 2024 was set. A Pretrial will be held on April 11th, 2024 at 9:30 a.m.