Moulton man to be sentenced on 3 sex-related charges: Jason Bart Naylor, 40, of Moulton, will be sentenced in May after having been convicted of second-degree rape, second-degree sodomy and another sex-related crime, theTimesDaily reports. Naylor was arrested in October 2009 after he was accused of having sexual contact with a 15-year-old girl.
Total Sex Offenders found: 1
The Alabama Court of Criminal Appeals has reversed the verdict of a Lawrence County man who was accused of rape, and sent the case back for a new trial or a possible dismissal, court documents show.
Jason Bart Naylor, 40, of County Road 324 in Moulton, was convicted of second-degree rape, second-degree sodomy and incest in March 2011. He was sentenced in May 2011 to 15 years on the rape charge, 10 on sodomy and five for incest, but the incest and sodomy sentences were concurrent, meaning Naylor effectively faced a 25-year sentence.
Naylor was originally charged with two counts of first-degree rape, two counts of second-degree rape, first-degree sodomy and second-degree sodomy. The charges stemmed from an arrest in Oct. 2009. The alleged incidences happened in the family home against a member of the extended family and were reported a year and a half after they allegedly happened in April 2008.
Chris Malcom, who represented Naylor, appealed the case on a number of issues, but in the 42-page document entered by the Court of Appeals, the judges focused mostly on testimony by a case worker from the Department of Human Resources and a Lawrence County Sheriff’s Investigator. In a unanimous decision, the Court held the circuit court should not have allowed them to testify about their opinion of what happened because they were not certified as expert witnesses.
“From the opinion, it appears the court chose to reverse the case on this issue because this would be relevant in the event of a new trial,” Malcom said. “I believe they would’ve reversed it on a number of issues. We objected at the time and didn’t feel the testimony was proper and felt like the law was on our side on that issue.”