Published: March 02, 2007 11:48 pm         

Deeds cleared of all charges in alleged rape

A Garber man was found not guilty of second-degree rape and furnishing alcohol to minor Friday night at the end of a week-long trial.

The nine-woman, three-man jury deliberated for an hour and 10 minutes before returning the verdict in favor of Hank Williams Deeds. The jury heard five days of testimony concerning the night of Dec. 4, 2004, and the allegations made by a then-15-year-old girl.

Gasps of shock came from the girl’s family and supporters, as hushed sighs of relief came from the opposite side of the courtroom gallery, where Deeds’ family and supporters were sitting.

Closing arguments ended about 7 p.m., and Deeds returned to the courtroom accompanied by his attorney, Stephen Jones, and holding hands with his wife, Lacey.

Extra Garfield County Sheriff’s Office deputies were on hand when the verdict was read, and Associate District Judge Tom Newby warned the more than 30 people in the gallery he would not accept any outbursts following the reading of the verdict.

Deeds’ family and supporters were asked to leave the courtroom first following the two not-guilty returns.

From outside the courthouse, sobs could be heard echoing from the second floor of the Garfield County Court House, where the trial was heard and the girl and her family and supporters remained.

In his closing argument, Assistant District Attorney Mike Fields told the jury the case was not about the girl, it was about Deeds.

He said the defense wanted them to focus on the girl instead of the man accused of the crimes.

“Who would subject themselves to this to maintain a lie?” Fields asked, noting the embarrassment of the rape exam and the taunting she suffered from classmates. “What does she stand to gain?”

Fields said the girl had nothing to gain by accusing the husband of a woman she considered a friend of rape.

“Common sense forces us to conclude she’s telling the truth,” he said.

In a rape case, Fields said the defense spends its time telling why a person making accusations can’t be believed. He said that strategy takes attention away from the accused.

“They want to make (the alleged victim) the focus of the case when it should be about him,” he said, pointing to Deeds.

“He was 29. She was 15, and he forced her to have sex,” he said. “And that’s rape.”

Jones said in his closing, “the burden of proof rests squarely here,” as he pointed to the district attorney’s table.

He said during the trial, four versions of the story had been told about the night of Dec. 4, 2004.

He said his client showed some “poor judgment” when Deeds drove the girl around looking for her boyfriend.

“There’s no question Hank showed some poor judgment,” he said. “Lacey showed some poor judgment.”

Jones asked if the girl was hurt the night of Dec. 4, 2004, when she couldn’t find her boyfriend.

“Very much so. Very much so. Very much so,” he said.

Jones also noted the lack of bruises on the girl’s body, which he said was not possible if Deeds had held the girl down and raped her for 20 to 30 minutes.

“You cannot have a forcible rape and not leave evidence,” he said.

During his rebuttal, Fields said Deeds’ written statement to authorities in which he said the girl had two or three mixed drinks and four or five beers was evidence enough of him giving her alcohol.

Fields also drew attention to Deeds’ testimony during the trial.

“The only time it wasn’t rehearsed and mechanical was on cross examination,” he said.

He also said Jones didn’t discuss the detail of Deeds’ version of the December 2004 night.

“Why?” he asked. “Because it’s absolutely ridiculous.”

He asked the jurors which version made the most sense.

“Which has the ring of truth and which one doesn’t?” he asked.

Friday’s testimony included cross-examination of Deeds by Fields and several rebuttal witnesses.