By Liz Shepherd
InkFreeNews

WARSAW — After about 6 1/2 hours of deliberation, a 12-person jury found Joshua Anthony Adamson guilty of raping a teenager in Kosciusko County.

Adamson, 39, Fairmount, was found guilty of rape, a level 3 felony.

The jury found Adamson not guilty on two counts of child molestation, both Class A felonies; and not guilty on two counts of intimidation, both Class D felonies.

After the jury returned a guilty verdict for rape, the trial entered a second phase in which jurors had to determine if Adamson should be considered a habitual offender. If a defendant has a habitual offender status, a judge can enhance a jail or prison sentence.

Adamson has prior unrelated felony convictions for robbery, criminal recklessness, and intimidation. Because of these convictions, the state sought to have a habitual offender enhancement added to Adamson’s case if the jury found him guilty on any charge in the trial’s first phase.

Deputy Prosecuting Attorney Joseph Sobek called Warsaw Police Department Detective Captain Paul Heaton for testimony in Phase Two of the trial. A video recording of an interview between Heaton and Adamson, during which Adamson mentioned his prior criminal history, was played for the jury.

The jury briefly deliberated and found Adamson guilty of being a habitual offender.

Adamson’s sentencing is set for 9 a.m. June 5. Following the jury’s dismissal, Adamson’s bond was revoked and he was remanded into the custody of the Kosciusko County sheriff.

Further Testimony

The trial continued on Tuesday, May 9, with Sobek calling three additional witnesses for testimony.

Heaton said he was contacted by WPD Officer Kelly Bradley about the molestation report. He met with Bradley at Safe Harbor Child Advocacy Center to observe the child’s interview with Kelly Bugg, the center’s executive director.

When asked about physical evidence in this case, Heaton said a rape kit was not performed on the child due to the extended time period between the acts occurring and when they were reported. He also noted Adamson was arrested the day the allegations were made, stating threats played an active part in Adamson’s immediate arrest.

Bugg then testified about her interview with the child. The interview at Safe Harbor also took place the same day the child told their mother about the molesting.

Bugg said the child disclosed what happened to them, appearing very traumatized and stressed. The interview itself was about 40 minutes long, with 30 minutes of the conversation primarily focused on what Adamson did to the child. Bugg also noted the rarity of children disclosing a molestation to anyone right after it occurs due to children feeling embarrassed or scared.

The state’s final witness was the child’s significant other, who currently lives in New York and is the same age as the victim.

In their testimony, the significant other said they met Adamson for the first time when the child, Adamson and others came to New York. They recalled Adamson getting upset about their public displays of affection during the trip.

The significant other also discussed talking on the phone with the child when Adamson walked into the child’s room and told them to hang up. When the significant other called the child back via FaceTime, the child was crying and sending texts but was unable to talk due to their emotional state.

When asked by Sobek why they didn’t tell anyone about what happened, the significant other said the child made them promise not to say anything.

After the significant other’s testimony, Sobek rested the state’s case.

Defense Attorney Austin Rovenstine called several witnesses for testimony, including some of Adamson’s relatives and the child’s mother.

The child’s mother testified about a grease fire Adamson was injured in during November 2013. As a result of that fire, Adamson sustained burns to one arm and a dislocated elbow. She described Adamson needing assistance to take basic care of himself up to six months after the fire happened.

During the time period when the second molesting was alleged to have occurred, the mother said she typically picked up the child from school and took them to her parents’ home, with the child only staying at her home on weekends.

When the third incident happened, the mom said Adamson had a diabetic episode that night, requiring her to use a medical pen to awaken Adamson from a near-comatose state. She said Adamson didn’t go anywhere that night and that if there were noises coming from the child’s room, she would have heard it due to the proximity of her bedroom to the child’s.

During the New York trip, the mom said the child didn’t speak to her or Adamson for five days after they returned home because they didn’t let the child say goodbye to their significant other before they left. The mom also said she and Adamson were tired of the significant other fighting with the child and calling them names. This resulted in Adamson threatening to take the child’s phone from them.

In cross-examination, Sobek asked the mom if she remembered expressing concern about the child telling her about the molesting. The mom said she was in a state of shock and didn’t fully remember what she told Officer Bradley about the incidents.

Rovenstine then asked the mom if her outlook on what she was told by her child changed once she had a clearer understanding of the time frames during which all of the acts occurred. She said it did.

Adamson’s brother, Andy Adamson, testified about the trip to New York. Andy said the child was happy and excited while they were heading there, but recalled the child becoming upset when they were not allowed to say good-bye to their significant other.

Adamson’s parents, Ron Adamson and Brenda Smith, both testified about various living situations. Ron said Adamson lived with him in Fairmount when the first molesting was alleged to have occurred. Smith said she lived with Adamson briefly in Warsaw when the second incident happened and only saw the child off and on while she was there.

Adamson did not testify.

Closing Statements

In his closing statement to the jury, Sobek said the child had no motive to lie about what Adamson did to them. He also argued the timeline of events he presented on behalf of the state was structurally sound.

“(The child) was afraid of (Adamson’s) manipulation tactics, which happened anyway,” said Sobek.

Rovenstine emphasized the evidence presented in the case being unable to prove beyond a reasonable doubt that Adamson harmed the child.

He focused on the timeline of events, noting the child’s grandmother not mentioning Adamson residing in Warsaw during the first molestation.

Rovenstine also pointed out the child not mentioning Adamson being injured during the second incident until the day of the trial, stating they didn’t bring it up at any interviews prior to court proceedings.

“When Joshua got closer to cutting off (the child’s) relationship (with their significant other), these accusations suddenly appeared,” said Rovenstine. “If the evidence is not sufficient for the child molesting charges, then it’s not for the intimidation charges either.”

He further discussed the child being deprived of their mother’s sympathy as another motivating factor for the child to fabricate the molestings.

“There is a parade of witnesses covering up for Joshua,” said Sobek in his final closing statement. “(The child) is telling the truth.”

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