Judge won't allow additional evidence in sex misconduct case
Tuesday, April 15, 2014 11:00 AM
A special judge denied a motion by prosecutors to introduce additional evidence in their case against the former director of the Madison Independent drumline.
Jacob M. Blanton, 28, faces a charge of sexual misconduct with a minor, a Class B felony.
According to court records, a 14-year-old girl in Blanton's drumline program said she participated in oral sex with him several times over a few months.
Blanton denies the accusations.
Prosecutors wanted to bring in prior allegations of sexual misconduct against Blanton, to show a pattern and show the allegations were not fabricated.
Special Judge Gregory Coy ruled that previous cases have been overturned if such evidence was introduced, and he denied the State's motion.
During the testimony at a hearing on April 4, two alleged victims came forward to testify about inappropriate relationships or contact they had had with Blanton when he was an instructor and they were students.
Chief Deputy Prosecutor D.J. Mote felt that three girls going through the same band program and allegedly getting sexual texts from Blanton established enough of a connection to be included as evidence. One piece of evidence introduced showed Blanton and one of the girls exchanged 9,600 text messages, as compared to 6,600 that had been exchanged between Blanton and his wife.
Robert Alden, Blanton's attorney, said prosecutors were simply molding the facts to help support their case.
"The State is trying to put a square peg in a round hole ... and it just doesn't fit," Alden said.
Prosecutor Chad Lewis called the ruling "disappointing," and said his office has not decided how to proceed with the case.
Blanton's trial is scheduled to begin May 13.