Sex abuse case may never go to trial - Live5News.com | Charleston, SC | News, Weather, Sports

Sex abuse case may never go to trial

Russell Campos (Source: Metro Jail) Russell Campos (Source: Metro Jail)

A man charged with sex abuse may never go to trial because prosecutors say they don't have enough to convict him since the victim will not testify. Still, a Madison County judge chose not to grant the State’s motion to nolle prose, or discontinue the case.

Circuit Court Jude Dennis O’Dell continued the case for 120 days. According to court filings, Russell Campos' case has been delayed at least nine times for various reasons.

Campos faces two counts of sexual abuse of a child under 12. The state indicted the Huntsville man in 2011.

In court documents, prosecutors state that the case cannot be tried because the alleged victim is incapable of testifying.

"The State cannot prove the allegations in this matter beyond a reasonable doubt without the testimony of the minor victim," prosecutors argued.

The motion, signed by Assistant District Attorney Jason-Scully Clemmons explained that the minor victim can't testify because of ongoing psychological trauma.

Campos' attorney, Sharon Doviet filed a motion to amend the court's order to continue the case. Doviet replied, saying that Campos' due process rights are being violated.

In court documents, Doviet argued, "…trial court is overreaching its powers in refusing to allow the executive branch to drop a case which it states it cannot and will not prosecute."

WAFF legal analyst, Mark McDaniel, said this is an unusual case. He said a judge typically does not deny a request from prosecutors to discontinue (nolle prose) a case. However, he said the judge does have a legal right to do so.

Campos' nephew, Ronald Campos III was convicted of child sodomy and sex abuse in June and July. He is currently serving a life sentence without parole.

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