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Johnston man found not guilty of sex with 13 year old web posted June 4, 2009 EDGEFIELD – The two day trial of Justin Broadwater ended Tuesday afternoon when a jury returned to the court room to announce a verdict of not guilty. Broadwater was arrested for allegedly having sex with a 13-year-old Johnston girl in April of 2007. The girl discovered she was pregnant and told her mother who notified police. Broadwater was 19 at the time. Mr. Broadwater gave a sigh of relief as the verdict was read as his father smiled and shook the hand of Defense Attorney Lance Sheek. As the trial got underway Monday Assistant Solicitor Ervin Maye laid out the case for the jury saying that Mr. Broadwater had given the girl a false name and told her he was 17. According to Maye, the two had sex twice between April 15 and May 4. As Johnston Police Investigator Lamaz Robinson began the investigation the girl gave the fake name they say Broadwater was using and they could find no leads to identify him. It was then Inv. Robinson testified he then began texting the cell phone the girl used to contact the unknown man and the man began a text dialog with Inv. Robinson who was posing as the victim. In the messages Inv. Robinson told the suspect she was pregnant and he responded by asking how she got pregnant in four days. The conversation continued to show there was at least one earlier time at which the two had sex in mid April. Inv. Robinson then called the cell phone and explained why he was calling and that the man needed to come to the Johnston Police Department and talk with officers. A short time later Mr. Broadwater and a friend walked into the Police Station and officers instantly recognized him. Inv. Robinson said he told Mr. Broadwater he just had some questions, read him his rights, and in the ensuing conversation Broadwater admitted to having sex with the girl but did not know she was so young. Robinson continued testifying that Broadwater gave the names of two others who were also having sex with the girl. The conversation at the police station was witnessed by two others, Sheriff’s Deputy Chase Harley, then with the Johnston Police Department, and Broadwater’s friend. Deputy Harley testified that he heard Mr. Broadwater admit to having sex with the girl; Mr. Broadwater’s friend said he never heard it. A key piece of the evidence presented by Mr. Maye was a cell phone number, 803-508-1154, that was used to text and then called Mr. Broadwater. A cell phone Broadwater denied having throughout the trial. In an unusual move, Mr. Broadwater took the stand in day two of the trial and denied ever having a cell phone with that number. He claimed he was being set up by police and never admitted to having sex with the girl. The girl, now 15, took the stand on Monday and identified Mr. Broadwater as one of her sexual partners. Mr. Broadwater’s attorney Lance Sheek, harped on the fact that the cell phone was never recovered and Mr. Broadwater had a cell phone that was paid for by his father’s business. Mr. Broadwater testified he still had the same cell phone he always used, Mr. Broadwater’s father, Mr. Presley, testified he paid for the phone and has done so for years, as did Andrea Key, an employee of the business, who paid the bills. Mr. Maye then produced the booking sheet written at the time of his arrest two years ago and it showed Mr. Broadwater gave his contact number as the 508-1154, the same number used to text the then unknown suspect. Mr. Broadwater denied he gave that number. Mr. Maye presented the bond form that was written at the time he was let out of jail. On that form, written by Magistrate Brenda Carpenter, Broadwater had the same number listed in his contact information. Both forms were signed by Mr. Broadwater. Mr. Maye called jailer Marcus Smith to the stand who stated that the information he wrote on the form at the time of booking was provided by Mr. Broadwater. Judge Carpenter also testified that after the bond sheet was filled out she made sure Mr. Broadwater checked it for accuracy before signing, which he did. Mr. Broadwater was brought back to the stand where he said the bond sheet he signed was blank when he signed the document. “So you’re now telling me that you signed a blank document,” Maye asked in a tone of unbelief. “Yes,” Broadwater replied. At one point Mr. Broadwater said Deputy Harley was not present when he first met with Inv. Robinson and had never seen him before. The arresting officer at the time was Office Harley After the case was turned over to the jury by Judge Knox McMahon, the eight women and four men took less than an hour to return with a not guilty verdict. The young girl had a miscarriage shortly after the incident was reported. Mr. Broadwater was never suspected to be the father of the child she was carrying. © Copyright 2009
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