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MV man convicted of felony

By Anton Hepler, News Staff Reporter
Thursday, May 08, 2008

MOUNT VERNON — In less than 45 minutes of deliberation, a jury convicted a Mount Vernon man of molesting his 8-year-old daughter. Shane Lee Green, 32, was convicted of one count of rape in the first degree and one count of gross sexual imposition in the third degree. He faces the possibility of life in prison without parole. Sentencing is set for May 23 at 9 a.m.

Day 2 of the trial began when Knox County Prosecutor John Thatcher played the jury an audio recording of Green confessing his crimes to a Knox County sheriff’s detective. According to testimony from KCSO Capt. Richard Brenneman, Green voluntarily confessed on Dec. 24, 2007, during an initial interview. During the 20-minute playback of the interview, the jury heard Green admit to the allegations.

“I did something wrong, but you know,” said Green on the recording, “I just need help.”

Thatcher and Brenneman read into the record a transcript of Green’s testimony to a Knox County grand jury in January. In his grand jury testimony, Green said stress caused him to commit the acts.

“You know what you did was wrong?” Thatcher asked in the transcript.

“Yeah,” Green replied.

The prosecution’s last witness was the victim. Now 9 years old, she retold her account of abuse to the jury.

Green took the stand as the only witness for the defense. Green said his two previous confessions were incorrect, and that he merely said what he did because he “was having an anxiety attack at the time and couldn’t think straight.”

In his testimony Wednesday, Green denied the allegations and said he “was telling [Brenneman] of an event that was going on years ago.” Green said the acts of abuse he confessed to were actually the girl’s mother’s idea, and that he was merely attempting to describe to authorities what the mother wanted him to do.

Thatcher asked Green if he thought his daughter was liar.

“I have really nothing to say except it’s just a lie,” said Green. “She’s lying.”

Thatcher said that “except for killing your own child, an accusation like this is the worst thing that could ever happen to that child.”

“I would think so,” Green agreed.

Green also admitted that his entire defense was based on whether or not the jury believed he was telling the truth. He reiterated that his two previous confessions were caused by anxiety. When asked by prosecutors if he was having an anxiety attack today he said “no.”

In his closing argument, Thatcher said Green could have been charged with multiple counts of rape over a longer period of time, but the decision was made to go with the two strongest charges.

“Green faced a crucial point in his life and the life of his daughter today,” said Thatcher. “What he chose to do was call his own daughter a liar. He did that for self-preservation and no other reason. He put himself above his daughter today, and especially [when he committed these crimes].

“The question is, are you going to believe a child who still loves her father but just wanted him to stop?” said Thatcher. “She finally told [her mother] only at the urging of her little sister.”

In what one court official called record time, the jury returned its unanimous verdict. Green was found guilty of rape with two specifications. The jury found that the girl was indeed under 10 years of age, and that Green used his position as a parent to force the girl. The specifications will result in special consideration during sentencing and can add more time to his sentence.

On the charge of gross sexual imposition, Green could face an additional five years in prison on top of the life without parole sentence.

Judge Otho Eyster ordered a presentence investigation and ordered Green to be held in jail without bond until sentencing on May 23.

“The man is facing life in prison without parole and I want to know more about him than what I heard in court,” Eyster told the News after the trial.

Green has been incarcerated since Jan. 8.

After the trial, one juror told the News that the biggest problem with Green’s testimony was his “anxiety” excuse.

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