Mistrial declared for man accused of molestation

The case against a Perryville, Missouri, man accused of child molestation was declared a mistrial by Judge Michael Gardner after a Cape Girardeau County jury deliberated for nearly four hours Wednesday after closing arguments.

Mark Miers, 46, was charged with first-degree statutory sodomy and furnishing pornographic materials to a minor. He was arrested Oct. 6, 2014, by Perry County sheriff's deputies.

Prosecutor Thomas Hoeh focused on the testimony of the now-11-year-old victim, who said Miers touched her genitals at least once between May 26 and July 18, 2014, in the living room of Miers' house.

The victim, unrelated to Miers, had been living with him sporadically for seven years. She testified that during the contact, Miers watched pornographic videos. The victim, 9 at the time, said during a videotaped forensic interview at Beacon Health Center that Miers touched her inappropriately several times.

“Her story is remarkably consistent,” Hoeh said in his closing arguments.

Defense attorney Jason Tilley pointed out in the victim's preliminary-hearing testimony she said she was watching cartoons when the incident took place. She told Tilley during cross-examination talking about the pornographic videos during the hearing made her feel uncomfortable, and she insisted she was telling the truth.

Tilley said the victim's mother was key to the case. Tilley pointed out inconsistencies between the mother's testimony Wednesday and her testimony during the preliminary hearing.

"I can't say I did my job for this man right here," Tilley said in his closing argument, pointing to Miers, "without pointing out that (the mother) lied under oath. It's not about whether (the mother) is a bad mom; it's whether you can believe her testimony."

Tilley's only witness was Miers' wife, Dawn, who said she believed the mother persuaded the victim to make up the story.

In late July 2014, Dawn Miers kicked the mother and her family out of the house. On Aug. 7, 2014, Dawn Miers sent the mother a text, telling her "to have a nice life."

"Remember the date Matthew Plumlee [the Department of Children and Families investigator] went out to investigate? It was the day after that text," Tilley said. "One plus one equals two. ... She lashed out to hurt Dawn Miers the best way she could."

Tilley questioned Perry County sheriff's detective Jason Klaus about his investigation. Klaus interviewed Miers after he had been arrested. Miers denied to Klaus he molested the victim, saying, "There's no way ever."

Miers told Klaus he had treated the victim with ointment in her bathing-suit area. Klaus said he followed up with the mother, who said she did not remember Miers administering medicine to her daughter. Klaus admitted to Tilley he did not follow up with Miers to find out when he might have administered the ointment.

Tilley asked Klaus why he did not arrest Miers after the victim gave her forensic interview.

"I knew (the victim) was no longer in the house," Klaus said. "That gave me time to properly work up the report."

Klaus could not answer why he did not read the report Matthew Plumlee sent to the sheriff's office Aug. 13, 2014, which stated the mother knew about the abuse three weeks before Plumlee's investigation. He said he did not ask the mother why she did not come to the police.

"There's probably a lot of questions I would have liked to have followed up with," Klaus said.

bkleine@semissourian.com

(573) 388-3644

Pertinent address:

5900 block of Highway 51, Perryville, Mo.