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Tuesday, Oct. 27, 2009

Ballard swears he's innocent

VERSAILLES — The defense team for a man charged with murder and first-degree sodomy of a Winchester boy rested Monday after the defendant told jurors he did not beat or sodomize the child.

Closing statements in the trial of Lewis "Buck" Ballard, 51, are expected to begin Tuesday morning, and jury deliberations should begin Tuesday afternoon.

Ballard could get the death penalty if convicted in the death of Wesley Dylan Mullins, 6, whose body was found in August 2007 in his grandfather's garage on Main Street in Paris.

The home has been torn down and replaced with a building that will house a non-profit organization in remembrance of Wesley.

Ballard told defense attorney La Mer Kyle-Griffiths that he felt bad when he heard Wesley had died. Ballard said he did not hurt the boy. He said he did not know what happened to him.

"I was brought up better than something like that," Ballard said. "Just being accused of it is enough."

Ballard was sentenced to eight years in prison in 1989 for the second-degree rape of a 12-year-old girl, according to court records, and he was released in March 1994.

On Monday, Ballard said Wesley was excited to see him when he arrived at his grandfather's house on Aug. 3, 2007. The two went to the garage that morning because Wesley said he had something he wanted to show Ballard, whom he called "Uncle Buck." Ballard said Wesley got some necklaces and bicycle locks out of the garage.

Later, Wesley helped Ballard with dinner. He also played with golf clubs in the yard.

Wesley and Ballard were playing darts when Bobby Mullins, Wesley's grandfather, went to bed, Ballard said. Ballard was renting a room from Bobby Mullins.

Ballard said they stayed up until about 2:30 or 3 a.m.

"He's hyper, and he likes to play and run and stuff," Ballard said.

Ballard said Wesley went to sleep in Ballard's bed. Ballard said it was hot that night, and one of the two air-conditioning units in the home was in Ballard's room. Wesley also wanted to look at Ballard's knife collection in the bedroom, Ballard said.

Bobby Mullins knocked on the door about 3 a.m. and asked about Wesley; Ballard told Mullins that Wesley was asleep, Ballard said.

But the boy wasn't in Ballard's room when Ballard woke up about 10 a.m., Ballard said. Ballard said he assumed the boy was with his grandfather. They were supposed to visit Wesley's father in prison. Ballard said he also thought Mullins could have taken the child home.

Ballard said he left his room about 3 p.m. to get some water and use the bathroom. He said that he saw Mullins but that he did not see Wesley.

Ballard said he learned that Wesley was missing when the boy's grandfather knocked on his bedroom door about 5 p.m. and asked why the two were still sleeping.

Ballard testified that he then left his room and went into the living room and put on a pair of boots that he and Mullins shared. He said he got a picture of Wesley and went up and down Main Street looking for the child.

Ballard told the defense attorney he returned to the house as police were putting up crime tape.

Mullins has testified that he found Wesley in the garage after he thought he heard the boy call for him.

Assistant Commonwealth's Attorney Keith Eardley questioned Ballard about statements he made to police, saying they did not match what Ballard said in court.

Eardley asked Ballard whether he remembered telling police that he woke up at 5 p.m. when Mullins knocked on the door. Eardley asked Ballard why he told police that he did not realize Wesley was gone until 5 p.m., but testified Monday that he left the room at 3 p.m. and knew the boy was gone.

Ballard later clarified that he assumed he knew where Wesley was before Mullins asked about the boy at 5 p.m.

Eardley also asked Ballard about the boots, saying he told police that he put on the boots and then went into the living room. Prosecutors say spatters of Wesley's blood were found on the boots.

Ballard also denied that he was drunk the night before Wesley was found dead. However, Ballard said he'd had about eight beers.

Defense attorneys have accused Mullins in the boy's death and say police did not conduct a thorough investigation.

George McCarter, who lived two houses from Mullins for years, also testified Monday. McCarter said that he visited Mullins often, sometimes three times a week, and that they usually went into the house to talk and drink coffee.

On the morning of Aug. 4, however, Mullins would not let McCarter into the house as he reached for the door. Mullins told McCarter that Wesley was sleeping.

"He grabbed me on the shoulder," McCarter said.

McCarter said he thought that was odd, but the two sat on the back steps and talked for a while. McCarter said there were several rooms between Ballard's room and the kitchen.