MURRAY — A Murray man facing charges in relation to an alleged sexual assault that occurred several years ago will have his case heard by a jury in early 2020.
Tuesday afternoon, Judge James T. Jameson set a Jan. 8-10, 2020, date for the trial of Kevin Scott Fleming, 48, of Murray. His final pre-trial conference will be on Dec. 3.
Fleming’s attorney, Cheri Riedel, asked for Jameson to set trial during her client’s appearance for a status hearing Tuesday in Calloway Circuit Court.
Fleming is charged with sodomy in the first degree, three counts of first-degree sexual assault and kidnapping-minor in connection to an incident that an adult female reported to Murray police back in August. This came 13 years after the alleged crime had occurred.
Court records say the alleged victim in the case was 13 at the time of an incident that allegedly occurred at the Playhouse in the Park in Murray. The complaint warrant in the case indicates the alleged victim told Murray Police Department Detective Angel Clere that Fleming’s alleged activities with her began in March 2005 when she was involved in production work with PIP, where, according to the alleged victim’s statements, he worked backstage with sets and other jobs.
The alleged assault itself is believed to have occurred in August 2005. The victim’s name is not being made public.
Fleming is currently out of jail on a $10,000 bond, which was also the subject of some discussion Tuesday as Riedel asked Jameson for relief for Fleming from an ankle monitor that is permanently attached to Fleming so his movements can be tracked.
“I don’t believe we have had any allegation of violations (of Fleming’s bond conditions) and it is quite costly and I believe (the monitor) is actually causing him some physical discomfort, even disability, due to the tightness of the ankle monitor,” Riedel said to Jameson in open court.
“I’m not aware of any violations either,” said Calloway Assistant Commonwealth Attorney James Burkeen, “but these are very serious charges and he is out on bond.”
Jameson had the final say.
“Mr. Fleming, with your legal situation, that monitor actually provides security. Now, what we need to do is get this resolved quickly and it doesn’t mean that I won’t look at (the matter) again, but, for right now, I think the best decision is for it to remain,” he said.
The case of a former Murray High School teacher and coach who allegedly mounted a camera inside a bathroom on the campus this past school year, then viewed the material it recorded, has entered Calloway Circuit Court.
Mark Boggess, 53, of Murray, was arraigned Tuesday as he appeared in front of Jameson with his attorney, Gary Haverstock. Boggess is charged with three counts of possession/viewing matter portraying a sexual performance by a minor and seven counts of voyeurism.
Boggess pleaded not guilty to those charges Tuesday. Jameson then set a Sept. 19 court date for a pre-trial conference in the case.
Last month, a Calloway County grand jury indicted Boggess, determining that enough evidence existed in the case to send it to Circuit. The indictment alleges that Boggess recorded activities of both male and female students in the bathroom between Jan. 1 and April 25 of this year.
Murray police arrested Boggess on April 25 after Murray High staff reported the discovery of the camera. The arrest came after Murray Police Department Detective Andrew Wiggins interviewed Boggess after MPD was called to the campus to investigate.
Individuals facing charges are presumed innocent until proven guilty in a court of law.