Posted: Oct 28, 2009 12:50 PM
Updated: Oct 28, 2009 12:50 PM
Two sisters and a brother of the man convicted Tuesday in the murder of a six-year-old Clark County boy testified in the sentencing phase of the trial Wednesday that their brother was the victim of an abusive childhood.
Lewis "Buck" Ballard, 51, was convicted of intentional murder and sodomy in the death of Wesley Mullins while the boy was visiting his grandfather's home in Bourbon County in August 2007. The prosecution contended that the boy was killed to keep him from talking about sexual abuse he suffered at the hands of Ballard.
Ballard faces the possibility of the death penalty in the case.
The sentencing phase of the trial began Wednesday morning, and the jury heard testimony from Ballard's siblings, who described growing up in a home with an abusive father. Ballard's sister, Rosa Dray, told the jury that at one point their father held the children at gunpoint as he raped one of them.
Testimony later in the day was expected to include details of Ballard's criminal past, including his rape of a 12-year-old girl.
On Tuesday, the jury deliberated for five hours before coming to their verdict. During their deliberations Tuesday afternoon, they asked to re-watch the crime scene video originally shown during the prosecution's case. The video showed graphic images of Mullins' body as well as the surrounding scene inside the garage where the boy was killed.
During closing arguments Tuesday morning, the defense claimed Ballard was charged because of a 'senseless police investigation' conducted by the Paris Police Department. Defense attorneys had argued during the trial that Mullins' grandfather should also have been investigated in the crime.
Prosecuting attorney Gordie Shaw told the jury during his closing argument Tuesday that the only thing worse than sodomizing and murdering a child is blaming the crime on the boy's grandfather.
Before the defense rested Monday, Ballard took the stand and testified in his own defense. He claimed he never touched and did not murder Mullins. He said would "take a monster" to do what was done to the boy.
The murder trial was moved to Woodford County after officials were unsuccessful in trying to seat an impartial jury in Bourbon County.
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