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April 20, 2000
Salisbury Post; Rowan County, NC

Local News

Man guilty in sex case

BY JENNIFER  MOXLEY
SALISBURY POST

           
A Kannapolis man will serve time in prison again for taking indecent liberties with children.

In court Wednesday, Rowan Superior Court Judge LarryFord sentenced Joe Melvin Edwards Jr., 64, to serve a minimum of three years, six months to a maximum of four years, four months.

Edwards had nothing to say to the court before his sentencing. The family of the two young brothers involved declined comment as well.

Before his sentencing, Edwards testified that he never let any kids into his north Kannapolis home and said the two young boys “have been pestering me or aggravating me for the past four years.”

As Edwards continued, the judge ordered all spectators out of the courtroom because of comments being made during the testimony.

Edwards said someone stole a crossbow, 70 diabetic pills, $5 on one occasion and $14 on another, from his home. The state claimed Edwards gave the crossbow and approximately the same amount of money to the boys for touching him.

Under direct questioning, Edwards testified that he was injured at work, paralyzed from the waist down and could not maintain an erection. His lawyer, Marshall Bickett, asked him if he tried different means to correct this problem and Edwards said yes.

But when the Assistant District Attorney Karen Biernacki questioned Edwards, he said he had no sexual desire or desire to have an erection.

Biernacki asked Edwards why he had a prescription for Viagra, a common erectile dysfunction drug, and he replied “it helps circulation.”

Edwards also testified that he “didn’t know why” he was in prison from 1990 to 1993.

Biernacki provided an official copy of Edwards’ record to the jury which showed a 1990 conviction of taking indecent liberties with a child.

“The state cannot prove that he (Edwards) had these two young men commit an act,” defense attorney Bickett said in closing arguments. He also asked the jurors to question why the children would keep going back to Edwards’ home if he were victimizing them.

“The law protects children … they’re not on trial,” Biernacki responded in her closing arguments.

The boys, ages 7 and 12, testified Monday and stayed with their parents in the courtroom for the duration of the trial.

Two sisters, now in their 30s, also testified Wednesday that Edwards made inappropriate advances to them in 1987.

Edwards faced charges of two counts of taking indecent liberties with children and three counts of contributing to the delinquency of minors.

Ford upheld a motion by Edwards’ lawyer to have the misdemeanor contributing charges dropped.

Bickett argued Assistant District Attorney Biernacki did not present any substantial evidence to prove Edwards provided marijuana to children other than that they called it a “joint.”

 

   

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