Kevin Michael Black was convicted in 2002 of the sexual abuse of his step-daughter (D), and of molesting two of her friends (F1) and (F2).
Key to the case is a babysitter (BS) with a long record of molesting children.
The defense case is that D (age 9 when she made the false accusation) was under the influence of BS, who had likely molested her, and coached her to accuse Kevin.
According to D, BS used to baby sit her after school. BS would take her to school and pick her up almost every day. BS loved her and was very nice to her. He would buy her a lot of presents and candy. He would get swimsuits and other outfits and would have her try them on.
D was not a credible witness. D’s mother (M) testified that, when she was living with a previous boyfriend (BF), D accused BF of molesting her, recanted, and then later accused him again. It was hard for M to know if D was telling the truth about BF because nothing had come of D’s earlier accusation against BS. M did not report the accusation against BF to the police. D had previously made other accusations against individuals.
At trial, D testified that BS had never touched her in a bad way. She said she told the police officer that BS had never molested her and she repeatedly told M that BS had never molested her. BS had merely washed her while she was in the shower when she was very
According to an appeal ruling the evidence showed that BS molested L. about 27 years before trial when she was about 7 years old, C. about 21 years before trial when she was about 8 years old, M some 20 years before trial when she was about 9 years old, T. about 6 years before trial when she was about 3 years old, and BF’s son about 1 month before.
Moreover at trial F1 and F2 testified that Kevin did not do anything, and they could not even identify him.
Given all this, it is truly hard to see how the jury could have concluded guilt beyond a reasonable doubt, nevertheless Kevin was found guilty.
On appeal, the defense pointed to new information in police records showing that BS had recently molested another girl of D’s age (JW), a friend of D, that he was sexually interested in D, and that he admitted molesting JW.
However the appeal court ruled that it would only have emphasized the fact that BS molested many children; it would not have established that BS molested D.
Also of note is that the lead detective was a lifelong friend of BS. This detective unsucessfully threatened a jailhouse inmate to attempt to persuade him to testify against Kevin.
In addition the defense attorney was incompetent and suicidal and shot himself. His own psychiatrist testified to this.
Finally during her CART interview JW stated that BS told her to ‘blame the step-dad’ if anyone ever found out. This is on tape.
Kevin has now been in prison for nearly 15 years.