Convicted of molesting a 6-year-old girl, man fights for new trial

Robert “Buddy” Turner continued his battle for a new trial Tuesday after a jury convicted him of aggravated child molestation for groping a 6-year-old girl in 2012.

The jury returned a guilty verdict on Jan. 9, 2015, and Judge William Rumer later sentenced Turner to life in prison. He and his family have been trying to clear his name since.

The girl said she was sitting in Turner’s lap at his home when he groped her between the legs and “dug” with his hand until he penetrated her, causing an injury. The girl reported this when she began having pain while urinating. A medical examination revealed she had a urinary tract infection.

Prosecutors said this happened between Aug. 4 and Aug. 17, 2012, when Turner was 59 years old.

Turner, his family and attorneys maintain he is innocent, and claim the girl made up the story to cover for a brother who had karate-chopped her in the groin.

In Tuesday’s hearing on Turner’s new trial motion, defense attorneys handling his appeal questioned Will Kirby, the lawyer who defended Turner during his trial.

They focused on Kirby’s decision not to summon to the stand an emergency room doctor whose report on the girl’s examination said he saw “no apparent trauma” to the child.

Kirby said he got the doctor’s report admitted into the trial evidence, and decided not to subpoena the doctor lest the physician take the stand and backtrack on his initial report, lessening its impact. Kirby said he had expected the prosecution to summon the doctor.

“I was surprised he didn’t testify,” Kirby said.

Robert Wadkins Sr. asked whether Kirby emphasized the doctor’s report in his closing argument. Kirby thought he had noted it, but couldn’t recall.

“If I did not mention that in my closing argument, that was a mistake on my part,” he said.

Claiming Kirby provided Turner inefficient assistance of counsel, Wadkins also asked why Kirby didn’t elicit testimony regarding Turner’s character.

Kirby said he did call some relatives to talk about Turner, but they would not stick to the storyline. “They were not testifying as I expected,” he said, adding they quickly “got off the rails,” giving answers that differed from what they’d told him privately.

Wadkins emphasized that a judge may instruct jurors that evidence of a defendant’s good character can be enough to justify a not guilty verdict. Kirby did not seek that instruction.

Wadkins also called to the stand Jennifer Curry, who helped Kirby defend Turner, and asked why she neglected to call witnesses who could say the girl was known to make things up.

Curry said she cross-examined the girl: “I had her admit that she enjoyed telling stories,” whether the tales were true or not, Curry said, adding she also got the child to acknowledge rough play with her brothers, which could have led to injuries.

She did not press the girl on the facts of the case, believing the child was too young to have an adult’s comprehension of time and circumstance, she said.

Two of Turner’s relatives testified. A granddaughter said he was known to be truthful and respectful around children. A sister said she believed Kirby was deficient for not calling the emergency room doctor to testify.

At a hearing in August, attorneys argued over three graphic photographs a nurse took to document the girl’s vaginal injury.

Assistant District Attorney Ray Daniel objected to releasing the photographs, arguing they were never shown to the jury during Turner’s trial. Instead a sexual assault nurse examiner testified about the injury using a diagram, telling jurors the evidence was consistent with the victim’s account.

Daniel said the photographs were so graphic they could have prejudiced the jury.

Wadkins son Robert Wadkins Jr., who shares a law firm with his father, told Rumer then that the photos were subject to defense discovery whether they were admitted into evidence during Turner’s trial or not.

The judge since has decided the photographs will be included in defense evidence seeking a new trial, but will be sealed from public view.

According to the Georgia Department of Corrections, Turner began serving his life sentence Feb. 11, 2015, and remains in the Central State Prison in Macon. He is 64 now.

This story was originally published October 25, 2016 at 4:53 PM with the headline "Convicted of molesting a 6-year-old girl, man fights for new trial."