Sex abuse case ends in mistrial

By GAYLE COULTER State Journal Staff Writer Published:

A week-long trial of Franklin County man accused of sexually abused a female under age 12 ended late Friday in a mistrial.

Kenneth McBee, 68, was charged with one count of first-degree sex abuse for sexually touching an 11-year-old female who visited his swimming pool in the summer of 2002.

Franklin County Assistant Commonwealth's Attorney Dana Todd presented evidence from Kentucky State Police, a medical doctor, social worker, the alleged victim's parents, a babysitter and the alleged victim herself, now 12.

Guthrie True, McBee's defense attorney, noted there was some confusion as to how many times the alleged victim could recall being touched and also asked her about medication she had been taking for the past year.

The alleged victim testified she had been taking Paxil for the past year "for my worrying."

She said the touching started "on top of my bathing suit" and had progressed to McBee touching her inside her bathing suit while they were in the swimming pool.

She testified that McBee put her hand inside his swimming trunks at which point she told him to stop.

She said McBee's response was, "Nobody's watching."

The girl said she told her mother what happened.

True presented character witnesses as well as witnesses who said they were at the pool when the female was there and would have seen any sort of sexual touching had it occurred.

For more on this story, see the latest State Journal.

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