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Incest and rape trial underway Tuesday in Edgefield

web posted March 22, 2006
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EDGEFIELD – The trial of Michael Harris, who has been charged with criminal sexual conduct in the first degree and incest, got underway Monday at 2:00 pm with Judge James Williams presiding. Mr. Harris has been held since his arrest in September of 2004 stemming from the alleged rape of his own daughter on July 23, 2003 and again during the month of December of 2004.

After the six men and six women jurors were sworn in Assistant Solicitor Irvin May gave the State’s opening statement. Mr. May told the jury that the state was going to prove the case against Mr. Harris, “not just beyond a reasonable doubt, but beyond any doubt.” He described the charges against Mr. Harris as criminal sexual conduct in the first degree, or rape, upon his own daughter, and the second charge of incest. The alleged first attack was on July 23, 2003 on Padgett Road, off Vann Road, near Trenton, at 1:00 am.

Public Defender Lee Sturkey began his opening statements on behalf of Mr. Harris stating how historic the Edgefield Courthouse, and particularly the courtroom, is for being in active service for over 170 years. “I believe it’s the oldest in the state,” he said. Mr. Sturkey reminded the jurors to wait until all the evidence has been presented and addressed. “You are the sole judges of fact here,” Mr. Sturkey said.

The state began their case by calling Regenia McKie to the stand. Ms. McKie has raised Mr. Harris’ daughter since she was two days old and later became the legal guardian for the child. Ms. McKie told the jury that Mr. Harris did not have a very active part in his daughter’s life until she was 14 to 15 years old. “He was around,” Ms. McKie said but not very involved. That changed when she became a teenager, she said.

At one point Mr. Harris convinced his daughter to leave the home she had known for her entire life to come live with him. It was during that time that Mr. Harris is accused of raping the girl. Ms. McKie testified she did not know that the alleged rape had taken place. Mr. May asked when she found out Mr. Harris’ daughter was pregnant, “when she was about four or five months along,” said Ms. McKie. She also testified that when Mr. Harris began picking his daughter up from school and keeping her away from home it caused problems. Ms. McKie said Mr. Harris had been physically abusive in the short time he became active in his daughter’s life.

During cross-examination, Mr. Sturkey keyed on the fact Mr. Harris’ daughter had been on probation for a burglary at the time of the alleged attack. Ms. McKie conceded that was true. Mr. Sturkey also asked why Mr. Harris’ daughter never told her of the attack until many months later. Ms. McKie said when she became aware of the attack she reported it to a DSS caseworker assigned to Mr. Harris’ daughter.

Next to take the stand was the victim herself, Octavia Nelson, now 18. At the time the alleged attacks took place, Ms. Nelson was 15 years of age. Ms. Nelson testified that when she left home to live with her father, the two resided with another relative, Willie Moore, at his home located just off Hwy. 25. She stated that at the time of the July 23, 2003 attack she and her father had gotten into an argument over a birthday present that she wanted to purchase for a family member. She stated that she wanted to go to her “mothers” house, Mrs. McKie, and they got into the car and that is when Mr. Harris drove her to the location she called the “burnt spot”.

She testified that they both exited the car and at one point, he began to choke her.  Ms. Nelson stated Mr. Harris told her, “he loved me and if he couldn’t have me, no one could”. Shortly afterwards she said he had sex with her in the car and warned her not to tell anyone. When asked why she did not report the attack, she said one part of it was that she was scared, the other part was, “he was my dad”.

She also testified that in December 2004, he would have sex with her at the house and would tell her, “I don’t want to hear no noise from you”. She also said that she informed Mr. Harris of her pregnancy and he would not allow her to have an abortion. She claimed that he said he would raise his grandchild. Assistant Solicitor, May, asked Ms. Nelson, “who is the father of your child of your?” She replied, “My father”, and pointed to Mr. Harris.

Mr. Sturkey cross-examined Ms. Nelson and asked where she went to school while living with her father. She stated she still attended school in Aiken County while living in Edgefield County. Mr. Sturkey asked how she got to school and Ms. Nelson replied, “Dad would take me”. Mr. Sturkey pointed out that Ms. Nelson never told anyone at the school, friends, or police during the time of the alleged attacks. With that he ended his cross-examination.

Next the state called Willie Moore. Mr. Moore testified that on the night of the July event he saw Mr. Harris and Ms. Nelson coming from the dirt road she claimed it happened on. He said that Mr. Harris then followed him back to his house and they had a confrontation. Mr. Moore stated he confronted Mr. Harris and Mr. Harris told him, “I ain’t seen nothing. I said, I seen enough.” Mr. Moore also testified that when he confronted Mr. Harris as to whether or not he had sex with Ms. Nelson that Mr. Harris did eventually admit it was true and then brought out a Bible and said it was okay because that’s the way things were done in the past. Mr. Harris moved from the home within a few days of the confrontation, Mr. Moore said.

During cross, Mr. Sturkey got Mr. Moore to state that the date was July 17, not July 23. Mr. Sturkey also was able to confirm that Mr. Moore did not see who was in the car when he passed by, even though Mr. Moore stated they (Mr. Harris and Ms. Nelson) followed him to his house at the time.

The state then called Jacquelin Dobey, who is Ms. McKie’s daughter. She stated she considered Ms. Nelson as her sister. She testified that during a conversation in March 2004 Ms. Nelson told her of the rape. She maintained that story even during cross-examination by Mr. Sturkey.

The state called Edgefield County Sheriff’s Investigator, Robin Newton, to the stand. Investigator Newton was the lead investigator on the case. She stated that she first learned of the attack on August 11, 2004 when officials with the Department of Social Services contacted her. As a result of her investigation, she obtained a warrant for the arrest of Mr. Harris and he was taken into custody. Investigator Newton said her investigation did not end there. She stated that after the baby was born in October of  2004, she obtained DNA samples from Ms. Nelson and the baby on November 12, 2004. She stated that oral swabs were obtained with kits supplied from SLED that are used in sexual assault cases.

On May 2, 2005, samples of Mr. Harris’ blood, hair, and saliva were taken to compare DNA samples. All of the evidence was turned over to SLED. During cross-examination, Mr. Sturkey asked investigator Newton if she obtained full custody of all evidence at all times. She said yes.

With no other witnesses scheduled for the day, Judge Williams recessed the trial until 9:00 am today. Edgefielddaily.com will follow up with a report of today’s activities of the trial on Wednesday. The jurors were allowed to return home for the evening and were advised not to speak with friends, family or media and not to read media reports on the trial.

 

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