Trial begins for a man charged with raping mother - WAFF-TV: News, Weather and Sports for Huntsville, AL

Trial begins for a man charged with raping mother

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MARSHALL COUNTY, AL (WAFF) -

Trial has started for a Marshall County man charged nearly five years ago with raping his mother.

Opening statements got underway around 2 PM Tuesday this afternoon for 24-year-old Gary Helms, Junior.

In opening statements prosecutors said you would hear from hospital employees who would testify the victim told them her son held her down and raped her.

They also told jurors they would hear from an audio recording in which Helms admitted to the rape saying, "he was sorry and crying and apologized."

"As weird as it may sound it wasn't rape and wasn't force," said defense attorney Mike Mastin.

Mastin also said the victim did not want to testify against her son and said, "the government dragged her down and jailed her to come to testify."

Helms is charged with the October 2006 rape of his mother at an Albertville mobile home.

Authorities say Helms committed the act in retaliation to his brother over a girl.

Prosecutors call it rape. The defense says it wasn't done by force and the victim does not want this case prosecuted.


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