Testimony to continue today in rape trial; defendant refuses deal

Costello Byrd walks to the defense table following a lunch recess in his trial Tuesday at Miller County Courthouse. Byrd, 23, is accused of sexually assaulting a younger female relative when he was a teen. Testimony is expected to continue this morning.
Costello Byrd walks to the defense table following a lunch recess in his trial Tuesday at Miller County Courthouse. Byrd, 23, is accused of sexually assaulting a younger female relative when he was a teen. Testimony is expected to continue this morning.

Testimony is expected to continue this morning in the trial of a Texarkana man accused of molesting a younger female relative years ago.

Costello Byrd, 23, told Circuit Judge Carlton Jones outside the presence of the jury Tuesday morning that he is not interested in accepting a plea deal from the state. Byrd is accused of repeatedly raping a girl who regularly spent the night in his home as a child between the ages of 3 to about 6 or 7.

The girl told her mother she was being abused in 2014 when she was 10.

Byrd has maintained his innocence.

The case has been delayed several times because of motions and appeals concerning whether the case should be handled in juvenile court or circuit court, where adult criminal cases are processed.

The alleged victim is now 14. Byrd was a teen at the time he allegedly engaged in sexual misconduct.

Under questioning from Deputy Prosecuting Attorney Kristian Robertson, the alleged victim testified that she was 3 when she went to spend the night at a relative's home in Texarkana, Ark., and chose to sleep in Byrd's room because it had bunk beds. The girl said Byrd climbed into bed with her one night, removed her clothing and forcibly raped her for the first of countless times.

The girl testified she was afraid to disclose the alleged abuse and that since her 2014 disclosure, contact with many members of her extended family has ceased.

Under cross-examination from Little Rock lawyer Joe Churchwell, the alleged victim found it difficult to explain why she continued to choose to sleep in the bunk beds inside Byrd's room during her overnight visits after she had allegedly been sexually assaulted. The teen denied that Byrd ever tried to kiss her or touch her body in places other than is necessary for sex. She denied that Byrd ever threatened her or warned her not to tell.

As Churchwell's cross-examination of the girl became increasingly direct, one question brought Robertson and Prosecuting Attorney Stephanie Potter Barrett to their feet.

"Did you like being raped?" Churchwell asked.

The girl buried her face in her hands.

Texarkana, Ark., Detective Wayne Easley testified under questioning from Robertson that he acquired a warrant for Byrd's arrest after the girl met with a forensic interviewer at the Texarkana Children's Advocacy Center in 2014 and underwent an examination by a sexual assault nurse examiner. Easley said Byrd, who agreed to speak to him, denied any wrongdoing during his interview with police.

Easley testified under cross-examination by Little Rock lawyer Brent Miller that he didn't believe searching the house where the alleged sexual abuse occurred would have provided useful evidence as years had passed since the last alleged assault. Miller had asked Easley if getting a feel for the home's layout would have been helpful.

After Jones released the jury for the evening, he addressed the prosecutors and defense lawyers about courtroom decorum. Jones reminded both sides to direct their objections and arguments to the court, not at each other, and told Miller and Churchwell, who were 30 minutes late returning from the lunch recess, that he didn't want apologies. Jones warned the parties that they should be in possession of their checkbooks should any unprofessional exchanges occur during the remainder of the trial, implying he might consider fines for contempt.

Testimony is scheduled to continue Wednesday morning at the Miller County Courthouse. If convicted, Byrd faces 10 to 40 years or life in prison.

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