Accused Uncle Refuses to Testify in 5-Year-Old’s Murder Case

[00:00:00] Speaker 1: The state has shown that Peyton Fields received trauma to her vagina, colloidal hood, and rectum. However, the only evidence to indicate that perhaps Mr. Pravatt's penis entered Peyton's vagina is a third component of unknown, inconclusive amount of DNA. Whether that third DNA portion is female or otherwise cannot be said. Without any other evidence to link the second necessary element, the jury would merely engage in a guessing game. Therefore, I do not find that substantial evidence has been established with regard to the statutory rape offense and I grant the defense's motion to dismiss. I note the state's objection to my ruling. Thank you. Alright, Mr. Britt, do you wish to present any evidence? No, sir, we do not. Okay, with regard to your clients giving any sort of testimony, have you had a conversation with your client about whether he would testify or not? Yes, sir. Multiple. And has he indicated that he would not testify? That's correct. Alright, Mr. Pravatt, if you can please stand. Mr. Pravatt, you understand that you have a constitutional right to remain silent, do you understand that? Yes, sir. And you understand that that constitutional right remains with you throughout this trial? Yes, sir. And do you understand that if you wish to exercise your right to remain silent, I would instruct the jury that they could not use that silence against you? Yes, sir. And do you understand that you also have the right to testify if you wanted to testify, do you understand that? [00:01:46] Speaker ?: Yes, sir. [00:01:46] Speaker 1: And that you could give up your right to remain silent and that you could take the stand and testify if you wanted, you understand? Yes, sir. And that whether to testify or not testify are choices that you and you alone can make, do you understand that? Yes, sir. Now, your attorney has indicated that you do not wish to testify. Is that accurate? [00:02:07] Mr. Britt: Yes, sir. I do not wish to testify. [00:02:09] Speaker 1: He did pretty good. All right. So, in other words, the choice that you're making not to testify is your choice and yours alone? Yes, sir. And it is not the choice of your attorney? Yes, sir. Yes, sir. All right. So, you're making that decision not to testify knowingly, intelligently, and voluntarily? Yes, sir. All right. Thank you, sir. [00:02:27] Speaker ?: You can have a seat. All right. [00:02:29] Speaker 1: So, we will bring the jury back in. Mr. Britt, you can rest in front of the jury. Yes, sir. And then we will roll into our charge conference. Given the amount of time that we have, I think that we can go substantially through our charge conference. Anything else that we might need to resolve, we could probably resolve by email and then put on the record anything in the morning can do closing arguments in the morning. Is that sufficient? That is, sir. Yes, sir. Okay. All right. Anything else that needs to be discussed on behalf of the state? No, Your Honor. The defense? No, sir. All right. Let's bring our jury back in. Bring in the jury. [00:03:20] Speaker ?: Thank you. [00:03:50] Mr. Britt: Thank you, sir. [00:04:09] Speaker 1: I let the record reflect that the jury has agreed into the courtroom. Mr. Britt, the state has rested. Do you wish to present any evidence? No, sir. Defense rests? Yes. All right. Thank you. Members of the jury, all of the evidence has now been presented. It will soon be your duty to decide from the evidence what the facts are and to apply the law that I am about to give you to those facts in arriving at your verdict in this case. Prior to the arguments of the lawyers and the final instructions of the court on the law that will follow the lawyers' speeches, I am required to confer with the lawyers about the law involved in this case. For that reason, we're going to excuse you for the remainder of the day, and then we will reconvene again in the morning. However, as I cautioned you before, do not yet express or form an opinion regarding the evidence of this case. You have not yet heard the final arguments of the attorneys or my final instructions on the law that you will apply. So as you go home, also remember not to discuss this case amongst yourselves. Do not discuss this case with anybody else, including friends, family members, or coworkers. Do not have any contact with any of the parties, attorneys, or witnesses. Do not conduct any independent investigation or inquiry. All of the evidence that you've seen or heard in the last couple of weeks is the only evidence that you can consider, and no other evidence from any other source. If you happen to have to go by any of the locations that have been mentioned, you may pass by them, but you are not allowed to stop and conduct any independent inquiry or investigation. You are not allowed to post online on any social media sites regarding your experience as a juror or any of the evidence that you've seen or heard. All right, members of the jury, go ahead and pull up your notebooks, take off your red badges, clip them to your notebooks, and you're excused until 9.30 tomorrow morning. [00:06:24] Mr. Britt: Make sure, make sure, make sure that you detach your own view of that, just place those with the closed view of the room. We'll be there in the chair when ready, front row, and back this way, please. [00:06:48] Speaker ?: Thank you. [00:06:54] Speaker 1: Yes, sir, I have. You have? All right. Aside from anything as far as the substantive offenses, were there any additional instructions you wish to include? No, sir. Were there any instructions aside from the substantive offenses that you had an objection with? No, sir. Okay, so all of the instructions up to statutory sexual offense, you have no objection to? Well, for the record, I do decision to have a motion to dismiss, but other than that. All right. With regard to 207.45A, statutory sexual offense, Mr. Britt, do you wish to say anything regarding the instructions as they're written there? No, sir. Okay. With regard to 206.14, first degree murder, any objection with regard to that instruction as it is written? Not as it is written. Okay. For the record, I objected. On the same basis, I objected to the first degree sexual offense instruction. [00:08:21] Speaker 3: So, I did notice I had a typo on page 7 under the murder substantive offense. When I took out, at the top of the page, I'll find three, it needs to read, um, if you find from the evidence beyond a reasonable doubt that on or about the alleged date the defendant committed statutory sexual offense of a child by an adult and the state has proven the elements of, it should say, of the offense or of this offense. So, I, that was when I took out the rape, I left either in there. [00:09:05] Speaker 1: All right. Thank you. [00:09:18] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. [00:10:56] Speaker 1: Thank you. The very first paragraph, we're under the final mandate. I think the pattern of jury instructions has us give the portion of the final mandate of this statutory sex offense, which then outlines the elements. And I think that I'm going to change that paragraph so that it reads, If you find from the evidence beyond a reasonable doubt that on or about the alleged date, the defendant engaged in a sexual act with the alleged victim who was a child under the age of 13 years, and that the defendant was at least 18 years of age, and that while committing statutory sexual offense with the child by an adult,