Sex abuse case may never go to trial - WAFF-TV: News, Weather and Sports for Huntsville, AL

Sex abuse case may never go to trial

Russell Campos (Source: Metro Jail) Russell Campos (Source: Metro Jail)
HUNTSVILLE, AL (WAFF) -

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.

Copyright 2014 WAFF. All rights reserved.

  • NewsMore>>

  • Eric: Rain will taper off overnight

    Eric: Rain will taper off overnight

    Saturday, February 17 2018 5:27 PM EST2018-02-17 22:27:46 GMT

    Rain showers will slowly taper off from west to east tonight as the cold front pushes through.?

    More >>

    Rain showers will slowly taper off from west to east tonight as the cold front pushes through.?

    More >>
  • 4 arrested in connection to a string of vehicle thefts

    4 arrested in connection to a string of vehicle thefts

    Friday, February 16 2018 4:45 PM EST2018-02-16 21:45:50 GMT
    Three adult males and one juvenile were arrested in Limestone County on Thursday after a four-hour manhunt and charged with multiple counts stemming from a string of vehicle thefts.Three adult males and one juvenile were arrested in Limestone County on Thursday after a four-hour manhunt and charged with multiple counts stemming from a string of vehicle thefts.

    A ground search ensued that lasted about four hours and covered approximately six miles, ending a few hundred yards east of Hays Mill Road where the suspects were caught in a hunting stand/shoot house.

    More >>

    A ground search ensued that lasted about four hours and covered approximately six miles, ending a few hundred yards east of Hays Mill Road where the suspects were caught in a hunting stand/shoot house.

    More >>
  • 2 juveniles arrested for making terrorist threats, Limestone Co. Sheriff reports

    2 juveniles arrested for making terrorist threats, Limestone Co. Sheriff reports

    Friday, February 16 2018 3:29 PM EST2018-02-16 20:29:54 GMT

    Just before 2 p.m. Friday, the Limestone County Sheriff's Office reported via Twitter that two juvenile students had been arrested for making terrorist threats. 

    More >>

    Just before 2 p.m. Friday, the Limestone County Sheriff's Office reported via Twitter that two juvenile students had been arrested for making terrorist threats. 

    More >>
Powered by Frankly