State-Journal.com

Man pleads guilty to raping disabled woman

By John Zambenini
April 23, 2008

A Frankfort man has pleaded guilty in Franklin Circuit Court to 11 counts of raping a 41-year-old mentally challenged and physically disabled woman for whom he was a primary caregiver.

David Lee Carmon, 44, 739 Holmes St., entered his plea Friday, appearing in court bearded and teary-eyed. Carmon hung his head as he testified that he had oral sex and sexual relations multiple times between 2001 and 2006 with the woman.

Assistant Commonwealth's Attorney Dana Todd said the woman, who is unable to move or speak, is "profoundly handicapped" by a condition that has "affected her since birth."

Carmon, who has a sixth-grade education and worked part time at a furniture store and doing odd jobs prior to his arrest, admitted the offenses to police as they questioned him July 31, 2006, according to his testimony and court files.

Carmon had been seen through a window, naked in the woman's room, wiping her with a towel, according the court file. He told police, "I've got nothing else to hide," the file said.

He told police he had a tough life, dropping out of school to help out at home and care for his 11 siblings, four of whom are now deceased. He also told police he had been sexually abused as a young child and again as a teen, the file said.
According to court files, Carmon was married in 1981 and had a "fair" relationship with his wife until her death from cancer in 1995. He told police that he had been lonely since her death, the file said.

Carmon was indicted Aug. 16, 2007, and had pleaded innocent at an Aug. 27, 2007, arraignment. He also faced one count of incest, but the charge was dropped.
According to Carmon's court file, he can't read or write or tell time.

Forensic psychologist Paul A. Ebben, in a letter to Carmon's attorney, said he believed Carmon might suffer from mild mental retardation, but thought Carmon to be fully competent.

"There is no doubt in my mind that he knew what he was doing and what was happening in court," Todd told The State Journal. "It's always gratifying to bring a case to resolution, particularly when the victim cannot speak for herself, literally in this case."

No one posted bond for Carmon, who is currently being held in the Franklin County Regional Jail. He will be sentenced July 11 and could face life in prison but will likely get 17 years, Todd said.

"I don't know where exactly he will end up," Todd said, "But he's going to prison."

Carmon is ineligible for probation or shock probation, and will be ineligible for parole until 85 percent of his sentence is complete, according to his indictment.

"People with disabilities are particularly vulnerable," Todd said. "The commonwealth is thankful for Good Samaritans who came forward with this information."