By MATT THACKER
Matt.Thacker@newsandtribune.com
March 06, 2009 02:09 pm
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NEW ALBANY — A 71-year-old man — who faces 35 class A felonies in Clark County — pleaded guilty Thursday to class C felony child molesting and class D felony sexual misconduct with a minor in Floyd County.
Walter E. Absher, of Nicholasville, Ky., would be sentenced to 4 years in prison for the molesting charge and 11⁄2 years probation for the class D felony, under the terms of the agreement. A second charge of class C felony child molesting will be dismissed.
At the plea change hearing, Absher appeared confused and had a difficult time hearing. When asked if he waived his right to a jury trial, he said he thought this was the trial. Judge Susan Orth explained that she could not accept the plea unless Absher understood, and asked Absher if he knew what was happening.
“I’ll go to jail for 11/2 years like the paper said,” Absher said, referring to the plea agreement.
With good-time credit and time served, his earliest possible release date is Aug. 22, 2010.
A sentencing date was scheduled for April 16.
Absher fondled a 12-year-old girl when she went to his room to kiss him goodnight at a home along McDonald Lane, according to court records.
Investigators said Absher admitted to lifting the shirts of a 12-year-old and 14-year-old girl and fondled their breast.
Absher was charged in September after an investigation by the New Albany Police Department. In November, Clark County prosecutors charged Absher with 35 counts of class A felony child molesting. Those charges involve the same children as the Floyd County case.
The 14-year-old girl told police that Absher had been molesting her since she was 5 years old. The alleged abuse began at his residence in New Washington.
The victim said that when she was in third grade, Absher put duct tape over her mouth, took off her clothing and tied her to the bed with a rope. A probable-cause affidavit stated the girl even put a lock on the inside of her closet door so that Absher could not get to her.
Absher has been in the Floyd County Jail since his arrest. Amber Shaw, Absher’s public defender, said she had not received any information about the charges in Clark County. Although no court dates have been set in Clark County, records show the case is pending.
Co-leader of ‘date-rape drug’ operation receives 20 years in prison
Superior Court No. 1 Judge Susan Orth accepted the guilty plea of a man accused of running a “date-rape drug” operation in his home near Floyd Central High School.
John Wilkes, 46, was sentenced to 20 years in prison and 10 years probation Thursday after pleading guilty to three class A felonies — possession of methamphetamine and two counts of dealing a schedule I controlled substance with the intent to deliver.
A count of class D felony maintaining a common nuisance was dropped.
Wilkes, who has been out on bail since June 2007, took off his tie and handed it to family members before being taken into custody by court officers.
Orth said his earliest release date would be May 17, 2018.
“Does the calendar go that far?” he asked.
Wilkes had told the judge that he would accept whatever she thought was fair.
In accordance with the plea agreement, he was sentenced to 10 years probation and 10 years in prison on the first two counts, and 20 years in prison with 10 years probation on the third count. All three sentences will run concurrently.
Wilkes and Chris Jensen, 20, lived at 6357 Old Vincennes Road within eyesight of the high school for about three years, police said. Police found a liter of gamma hydroxy butyrate, or GHB, in the home, according to a probable-cause affidavit.
Police said they found enough GHB — commonly known as the “date-rape drug” — to incapacitate hundreds of people. Police said they also found ecstasy and methamphetamine at the house.
Wilkes was represented by attorney Scott Roby.
Jensen, who faces the same charges as Wilkes did, is scheduled for jury trial April 6 in Floyd County Circuit Court.
NA man will undergo competency hearing
A 23-year-old New Albany man who pleaded guilty to molesting a 3-year-old girl will undergo a competency hearing before his plea is accepted.
Richard L. Sullivan pleaded guilty last month to class A felony child molesting in Floyd County Superior Court No. 1. He admitted to digitally penetrating the girl, who is related to him, between August and December 2007.
Sullivan’s public defender, George Streib, requested Thursday that a competency evaluation be held. He said the request was based on information in the presentencing report. Judge Susan Orth agreed and ordered the evaluation.
He was scheduled to be sentenced Thursday. Under the terms of the agreement, he would have been sentenced to 12 years in prison with another 8 years suspended.
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