Wesley Lee Melton Jr

The state began its burden of proving Wesley L. Melton, Jr., guilty by calling the first witnesses Tuesday afternoon, June 9, in Kosciusko Superior Court 1.

Chesnessa Smith, mother to the victim, Victoria Cole, the girlfriend of the victim’s father, and Albert Smith, father, took the stand before the proceedings recessed for the day. Their relationship to either the victim or Melton, the victim’s cousin, was established.

Jurors heard a description of the mobile home’s layout, which consisted of two bedrooms belonging to the teens at one end of the home with the mother’s bedroom located at the other end. Mrs. Smith testified, when in her room, she could not hear or tell what was happening at the other end of the home. Additionally, it was noted she worked as a certified nursing assistant at Greencroft from 2:15 p.m. to 10:45 p.m. leaving the younger teenager under the care of her 17-year-old brother and Melton.

Mrs. Smith described the relationship between the cousins as that of a family – arguing, wrestling and fighting – doing “what families do.” She stated she did not always check on the kids when she came home, but made sure they were ready for school.

Many of the questions Mrs. Smith was asked, by both the prosecutor and Jay Rigdon, defense attorney, received responses of uncertainty. Mrs. Smith could not tell the court when her daughter accompanied her father to Florida other than for spring break, as it was different times each year, nor could she say if her daughter had a cellphone or if she was allowed to have one at her father’s home. She also could not recall when she was notified about inappropriate text messages between the suspect and victim.

She additionally testified, after asking Melton what the text messages said, she was told the messages had been deleted. The victim’s mother stated she never asked to check the phone nor did she take further action to be more aware of the interactions between the cousins.

In addition, she could not tell the court when Melton left the home, stating she did not know if his absence was permanent or where he moved to. She also stated she believed he had moved out by the time police were notified of the allegations.

The victim’s mother testified she tried to speak with her daughter regarding concerns of her relationship with Melton, after hearing from a family friend, identified as Allen, illicit behavior had occurred between the two. The girl’s mother noted she stopped asking her daughter about the allegations after she continued to deny anything had occurred. Smith stated she was told the allegations again by her best friend Emily, and again by the girlfriend of the victim’s father before contacting police.

During questioning by Rigdon, Mrs. Smith testified though no one was to use Alyssa’s room when she was not home, she admitted it was possible it occurred without her permission. She also did not remember Melton ever asking to sleep in the girl’s room. Rigdon also asked if her son or Melton ever walked around the house without a shirt. Again, the response was she did not remember.

Rigdon questioned Mrs. Smith if there was any time her daughter was reluctant to spend time at her home, or if the visitation schedule changed. Mrs. Smith responded no. Other questions by Rigdon focused on if she met Melton’s girlfriend, if there were periods when his girlfriend stayed at the home and if that same girl had also dated her son. Her response was, the girlfriend came to the home once or twice, and she may have stayed the night. Smith admitted she was not certain.

During the questioning of Cole, jurors learned a cellphone was given to the victim by Cole and the teen’s father to keep in touch. The phone reportedly had only telephone and texting capabilities. It was also learned text messages were monitored by the two adults. It was stated the phone only accepted a limited number of text messages before it recycled. It was Cole who found the text messages she felt were inappropriate, and the phone was taken away from the teen. It was also Cole who sat down with the teen and was told sexual intercourse had taken place.

Cole also stated the teen often talked to her about personal maters. It was also noted Cole was given permission to contact police and she took the teenager to meet and be interviewed by authorities.

Albert Smith was the last one to take the stand before court recessed for the day. He testified there were often times he and his former wife disagreed to matters concerning their daughter. He also stated he spoke with his former wife about their daughter having the cellphone, noting she was not happy with the girl having a cellphone. He also testified he did not keep tabs of what went on at his former wife’s home.

The type of phone Alyssa Smith was given was confirmed both by Cole and Mr. Smith, who both confirmed while there was a phone capable of taking photos of the text, this was not done.

Mr. Smith was asked about the text messages. “It’s been over two years, I don’t remember word for word,” he stated when asked by Rigdon. Mr. Smith also testified while there was no change in his daughter’s visitation schedule, he had “no basis to stop anything.” Smith was also asked about dates of his divorce and change in parenting schedules, which he didn’t know the time frame.

Smith also stated there are times his daughter would stay with him an extra week and vice versa. “It depends on who she is mad at, at that time,” he explained. It was also stated Alyssa was witness to the frustration and anger between the two parents.