Judge denies motion in BSG police officer rape case

A Big Stone Gap Police Officer accused of nearly 50 counts of rape, incest and sexual battery of a minor appeared in Wise County Circuit Court Wednesday.

Oliver Mullins, 31, and his defense team filed a motion to call upon Commonwealth's Attorney Chuck Slemp and his assistant Josh Newberry as witnesses in the case.

Defense Attorney Gregory Gilbert said the victim was interviewed at least 10 times over the course of the investigation and has changed both her accusations and her story on multiple occasions. The defense asked to call upon the Commonwealth's Attorneys as witnesses in regards to two meetings they had with the victim.

The prosecution met with the victim in May but the exchange was not recorded. However, social workers were present, but here is no policy that requires meetings or interviews to be recorded. The defense wanted to know what was said during the meeting and also addressed a 90-minute interview on May 25, 2016, which been had been recorded. They say during that interview the victim recanted her story.

The defense argued to have the prosecution be called upon as witnesses, and leave it up to the court to decide if they should be recused from the case, but the judge denied the motion, saying they were not necessary witnesses, since social workers had been present.

Other motions will be handled on Dec. 7. The trial is set for January.

 

WCYB

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