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Judge seals sex abuse case
by Jarrid Deaton
Mar 03, 2009 | 14047 views | 50 50 comments | 98 98 recommendations | email to a friend | print
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Michael Pitts
PRESTONSBURG — The case against two Martin residents, charged with the sexual abuse of children under the age of 12, has been sealed by District Judge James R. Allen after concerns for the safety of the accused couple in the Floyd County Detention Center.

Martha Pitts and Michael Pitts were arrested on Monday and charged with multiple counts of criminal and sexual abuse.

The warrants were served on Monday morning by the Kentucky State Police, who say that the Pittses were each charged with two counts of rape, two counts of incest, two counts of sodomy, two counts of sexual abuse and two counts of criminal abuse.

The case was in court on Tuesday and court officials said that Judge James R. Allen did not read the charges out loud during the proceedings. After court, officials said that Allen did not want the charges known until a place for the Pittses to be housed could be found, with concern that the inmate population at the jail could act out violently based on the nature of the charges.

In August of last year, Terry Fisher, 55, an inmate at the Floyd County Detention Center, was allegedly beaten to the verge of death by upwards of 10 other inmates at the jail. Fisher was in jail on a charge of sexual abuse. Tina Green, Fisher’s niece, recently filed a lawsuit against the jail based on the alleged incident.

After obtaining copies of the court documents detailing the charges against Martha Pitts and Michael Pitts, court officials told The Floyd County Times that they could not report on the incident because the judge had ordered the file to be sealed. The documents were then handed over to a deputy with the Floyd County Sheriff’s Department.

Jeremy Rogers, an attorney working on behalf of the Kentucky Press Association, believes that the actions taken by the court were inappropriate.

“If you have people that have been arrested and charged with some kind of felony, then the whole case file is sealed, that is a violation of the First Amendment and the public’s right to access ...” Rogers said. “This is among the more extreme situations I’ve dealt with regarding court records.”

Judge James R. Allen had no comment on the order to seal the case.
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Justice4thekids
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March 16, 2009
Helloooo!!!y'all can say what u wish but if there weren't some kind of evidence they would be walking the streets they just dont lock people up on hear say and if they were so innocent they wouldn't of went on the run and went to a lawyer ..And geesus stop feeling sorry for them and start feeling sorry for the poor kids because if anyone is innocent here its them .And when kids r taking in for questioning they r asked same thing over and over again so they would know if they were lying or not ..Stop making up excuses for these 2 people u call adults ..And start thinking about the children
Really?
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March 15, 2009
What about Martha's own comment, "that the incidents could not have happened that many times." If these were my children, ONE time would be too many times. Any "mother", would have been out of their mind to find out something like this could have happened her children. But she makes this comment. Doesn't sound like she is too concerned. Pray for these children!!!!!!
greenupgirl
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March 13, 2009
abusedandconfused- in some states you cant be charged with incest unless its a blood relative- kentucky is obviously not one- you are not the only one who has pointed this out- so it was my mistake. i do personaly know these children-they are my main concern-if you had read my comments you would realize someone on this board by the name of "vendetta" wrote on march 9 "my god abusedandconfused im totally awake now....maybe these two should rot in hell with your father" i accused him of being insensitive and bellitlling- did you not realize his comment was poking fun at you? i cant believe you think i approve of this kind of conduct. i do have two children and if this ever happes to them i will be devastated. i hope and pray it never does. you need to go back and read my comments-make sure my screenname is highlighted in green at the top. i think you might have read comments from someone else that were addressed to me. however, if i offended you in any way i am very sorry.
abusedandconfused
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March 13, 2009
has anyone here noticed that MIKEY has also charged with 2 counts of INCEST, he cant be charged with INCEST unless he is the bio father of these 2 children!we know he is the stepfather, this means he must have2 children « greenup girl NO HE DOESNT HAVE TO BE THE BIO FATHER HE CAN BE CHARGED OG BEING A STEPFATHER.....CHECK YOUR LAW BOOK OR CALL COMMENWEALTH ATTORNEY BRENT TURNER HE WILL TELL U HE CAN...........
abusedandconfused
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March 13, 2009
just so u know if it matters I'm a female but that hasn't anything to do with this ....its the children people should be standing my not the adults,,,the children will be scared for life...if u ever been abused or molested then you know what I'm talking about.....greenup girl if u had a child in this case u would feel the same way...take a stand for the children..one day you could be in this position......I'm only for the children not the adults...i don't care what anyone say about me ...so go and Say WHAT U NEED TO SAY IT MAKES U LOOK LIKE U APROVE OF THIS KIND OF CONDUCT...WELL I DONT...NO ONE SHOULD..
support4mike2
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March 13, 2009
i to have known mike for 29 years and i know for a fact he couldnt ever do somthing like this,i will pray for everyone bashing them before anyone knows any facts about what is going on.how would you feel if the police showed up at your door arresting you for a crime you didnt committ.its to easy to make judgements on what we read in the paper.dont beleive everything you read may god be with everyone involved in this . i hope everyone who is not telling the truth get what they deserve and they shall be rembered in prayer also.i dont care who agrees with me or not,i am simply stating the facts.everyone will see when mike is free.godbless
vendetta
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March 11, 2009
“…this has taken away from the real issue here”

I’m thoroughly sorry if I have taken away from the original topic of this board which was obviously bash and convict the accused parties with or without facts and ridicule anyone who supports them.

greenupgirl
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March 10, 2009
vendetta-the defense lawyer was not intended to be a compliment. and it is obvious you believe ignorance is commonplace. you think my statement is a vast exaggeration and embarrasingly ignorant. what about'abused several dozen children,molested his neighbors livestock,and murdered an old lady for a dollar' i am not at all embarrassed by my opinion, you are clearly attacking me, but i can handle it.

i do not know if abused and confused is male or female, does it matter? you just keep looking for something to make me look worse and worse. i have wonderful family and friends who love 'ignorant ole me' so i will continue with my 'commonplace ignorance' and you can continue with your personal attacks. you are making this board your own personal 'vendetta' i will not play your games anymore, after all this is not about you or me, this is about children. it hurts my soul everytime i look at their sweet faces. i am only sorry that this has taken away from the real issue here.
vendetta
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March 10, 2009
Almost forgot greenupgirl you wrote “…she told a really sad story of abuse” although I notice that nowhere did abusedandconfused mention their gender. Men, women, children and adults can be victims of abuse and you may or may not owe abusedandconfused an apology.
vendetta
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March 10, 2009
greenupgirl wrote on Tuesday, Mar 10 at 12:12 AM

“vendetta, a defense lawer i presume!or maybe i raised enough questions to make you do some reseach…”

While I do accept that as a compliment I am nowhere near a defense lawyer or a lawyer at all for that matter and as far as you “raising questions” you did not. You merely grabbed my attention with a gross display of idiocy. Statements like the one you made usually result in a vast exaggeration of the situation, before you know it the person has “obviously” abused several dozen children, molested his neighbors live stock and murdered an old lady for a dollar.

“im sure it makes you feel great calling other people ignorant”

Actually it saddens me greatly to be forced to point out ignorance but it seems commonplace in today’s society. Ignorance is ones own fault and thirty seconds of research could have prevented you from that embarrassingly ignorant post but you chose instead to post it without facts or plainly stated “ignorantly”

“i could tell by your reaction to abusedandconfused that you have no sympathy toward victims…”

On the contrary I am sympathetic towards abusedandconfused and all people who are victims of abuse men, women, children and adults. My heart goes out to these people.

I did not intend in my sarcasm to sound insensitive to abusedandconfused or any victim

And for that I apologize.

If you actually read that post there are a few this you should note as well. Abusedandconfused made no mention of knowing either party nor did they state any facts about the message boards subject and in fact condoned the idea that the accused are guily

By stating that “i hope the judge gives them the fullest he can” What I’m pointing out here is that while what happen to them is truly sad it bears no relevance to the situation. Because someone was guilty of abusing them doesn’t mean everyone ever accused of abuse is automatically guilty.

Lastly don’t feel as though my statements are an “Attack” on you I’m merely stating the facts and sometimes that can be painful but my intent is not to belittle you in the least.

vendetta
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March 10, 2009
Anonymous wrote on Tuesday, Mar 10 at 01:01 AM “this came from wikipedia-INCEST-refers to any sexual activity between closely related persons…” While I commend you for attempting to retrieve accurate information the layman definition is of no importance here as we are not concerned with how society defines the word but rather how the law defines the word.

This is straight from USlegal.com



Laws vary by state, but generally, a person commits incest if he marries or engages in sexual intercourse with a person he knows to be, either legitimately or illegitimately:

1. His ancestor or descendant by blood or adoption; or

2. His brother or sister of the whole or half-blood or by adoption; or

3. His stepchild or stepparent, while the marriage creating the relationship exists; or

4. His aunt, uncle, nephew or niece of the whole or half-blood

support4mike
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March 10, 2009
ive known mike for 10 years or better. hes a great man and a wonderful dad.i know he's not capable of this. the truth will come out and i for one wont be surprised when he is free 2 go. ive read everyone bashing janie and at the end adding "and mike too" just because u dont like janie doesn't mean that mike is guilty.
anonymous
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March 10, 2009
this came fromwikipedia-INCEST-refers to any sexual activity between closely related persons[often within the immediate family]that is illegal or socially taboo. the type of sexual activity and the nature of the relationship between persons that constitutes a breech of law or social taboo vary with culture and jurisdiction. some societies consider it to include "blood relatives";other societies further include those related by adoption or marriage.
greenupgirl
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March 10, 2009
vendetta, a defense lawer i presume!or maybe i raised enough questions to make you do some reseach, either way, im sure it makes you feel great calling other people ignorant, i could tell by your reaction to abusedandconfused that you have no sympathy toward victims- she told a really sad story of abuse- you belittled her by your comments. as for the conspiracy theory- i was trying to show how ridiculous it is to say the ex put the children up to this. no i do not believe in aliens,government conspiracy, or bat boy, i do believe your personal attacks are not necessary. you have your opinions just like others here. so i will plead ignorant to incest- ive never had to look up the definition.
anonymous
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March 09, 2009
Well, servantofthelord...as long as Mike and Janie are in the clear then I guess we shouldn't worry about what these kids have went through. Lets just remember that the "SMELLER" that your talking about isn't the one with enough evidence against him to be charged and held without bond!

Who's side are you on anyway? It is quite clear that you aren't on the side of the children! First it was a bitter custody battle and now the kids probably have been abused but someone else is to blame! Give me a break

If you must defend someone, defend the ones who can't defend themselves. If they could have then this tragedy would have never happened in the first place! It is not for us to decide who is to blame...all we know is that there is obviously enough evidence to hold these two in custody and unless they are found innocent or others are charged then I say ENOUGH OF THE CONSPIRACY THEORIES, SLANDER AGAINST THE FATHER AND STEP MOTHER, AND THE BLAME GAME! Let's just wait til the evidence is presented in court and Pray that the TRUTH PREVAILS!

AGAIN I say....Judge not lest ye be judged.

It is my prayer that God touches the hearts of all families involved in this because it must be such a difficult time in all your lives but please remember that if this is in fact true then these children have suffered way more than you are and no punishment that Janie and Mike receive will ever heal the wounds these children have. If these children have been abused...NOTHING can undo that!

We can only pray that God will heal their broken hearts and shattered spirits as they learn to live with what they have had to endure!

My advice to everyone involved is to call upon God to help you deal with this and stop trying to persecute one another! That isn't profiting anyone!

vendetta
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March 09, 2009
You people that keep saying “HOW DARE YOU CALL A CHILD A LIAR!!!!” are completely ignorant. Why does the fact that someone “knows so and so couldn’t have done this” automatically suggest that they are accusing the children of being “Liars” just some information here…



When there is insufficient supporting evidence to determine whether an accusation is true or false, it is described as "unsubstantiated" or "unfounded". Accusations that are determined to be false based on corroborating evidence are divided into three categories:

• An allegation that is completely false in that the events that were alleged did not occur;

• An allegation that describes events that did occur, but were perpetrated by an individual who is not accused, and in which the accused person is innocent. When a child makes this type of allegation it is termed "perpetrator substitution";

• An allegation that is partially true and partially false, in that it mixes descriptions of events that actually happened with other events that did not occur.

A false allegation can occur as the result of intentional lying on the part of the accuser; or unintentionally, due to a confabulation, either arising spontaneously due to mental illness or resulting from suggestive questioning, including "both intentional and unintentional coaching, misinterpretation of events, poor interviewing techniques".Researchers Poole and Lindsay suggested in 1997 applying separate labels to the two concepts, proposing the term "false allegations" be used specifically when the accuser is aware they are lying, and "false suspicions" for the wider range of false accusations in which suggestive questioning may have been involved.

Greenupgirl…..you are possibly the most ignorant soul on this board and as such I suppose you also subscribe to government conspiracy and alien abduction theories. You sling more mud than the tabloid newspapers that report on batboy only they contain more useful information in them than you provide….. Incest statutes extend to relationships among individuals related by affinity. Such statutes proscribe sexual relations between stepfathers and stepdaughters, stepmothers and stepsons, or brothers-and sisters-in-law, and such relations are punishable as incest or in short it does NOT mean sexual relations with ones blood relatives only.can you people at least do thirty seconds of homework before you spread your ignorance?

greenupgirl
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March 09, 2009
has anyone here noticed that MIKEY has also charged with 2 counts of INCEST, he cant be charged with INCEST unless he is the bio father of these 2 children!we know he is the stepfather, this means he must have2 children of his own! are they also liars? is his ex being nasty and mean too? is this all about a cusody battle? there is obviously 4 children 2 are his,2 are hers. are some of you going to say all 4 of these children are liars? it is obvious as the nose on your face. im sure some of you will say the other ex wife must have coached these 2 children too... oh i got it mikeys ex and janies ex got together this is just one big conspiracy against mike and janie! wake up every one if it stinks like poo and it looks like poo,rest assured it is poo!
servantofthelord
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March 09, 2009
these pour kids have probably been mentaly and sexualy abused ? but mike had janie.someone was home alone with the kids.in this case the smeller is the feller.
voice4thechildren
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March 09, 2009
In response to "VOICEOFTHELORD"

Mathew 7:1-2

Judge not, that ye be not judged.

For with what measure ye judge,ye shall be judged: and with what measure ye mete, it shall be measured to you again.

I assume you are either a friend or family member of the accused and I sympathize with what you must be feeling but I ask you "servantofthelord" to not cast judgment upon the children, ex-husband and new wife but rather join with me in prayer that God will see that justice is done in this case....no matter what the outcome!

Lets trust in the Lord to bring forth the the truth even if we don't like what the truth may be!

It is not fair to the innocent children involved for everyone to assume that this abuse didn't exist.

Let's stop casting judgment upon this family and let the system do its job. The evidence will speak soon enough!

The accused will get their protection and fair trial. They will remain innocent until proven guilty so as I said before lets give the children the same rights and see them as INNOCENT UNTIL PROVEN LIARS! They deserve that much...come on, if you can even entertain the thought that this is true then haven't these children suffered enough!

I have no reason to wanna see these people behind bars....my voice is simply for the children...I wish this all was a big made up tale....then I could erase the images from my mind of what these innocent children may have been subjected too. Nobody wants to believe this happened and all of us wish we could make it go away!

OUTRAGEDINKY
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March 09, 2009
First, let me say that I know the accused (Janie). To hear this kind of news is shocking to most normal people, although this happens everyday the sun comes up. It is very hard to swallow when it comes to someone you know.I am not passing judgment here, that is for the legal system, I just want to bring a few facts to light . We may think we know someone ,but the fact is this ; you know what people want you to know . No more or no less. I'm sure that the family and friends of Jeffrey Dahmer, were beyond horrified to learn that he was a serial killer and cannibal. Probably just as surprised as Dennis Radar's wife , children and church family to find out he was the infamous BTK who had a killing spree that lasted from 1974-1991. Here is the point , just because you think you "KNOW" someone doesn't mean a thing. What outrages me the most is how fast that adult people have labeled these children LIARS ! Do you know the facts?? Have you seen the evidence?? Rest assured that the law cannot hold anyone without sufficient evidence. Noone is held on heresay . Do they deserve a fair trial , Yes. This is America. Do the children deserve to be looked at as LIARS, just because you cannot wrap your mind around the fact that this (could) be true . Just call me a child advocate. Children are not Liars by nature. I AM going to believe a child and let law enforcement do their part. What if, just what if , this is true ? Where is the family and friends that should be protecting the children? How many families have family members in prison for rape, murder,theft,

etc. I'm sure they had a very difficult time believing and dealing with the fact that their loved ones were capable of such things. GROW UP people. The accussed have the legal system on their side (they are in fact, innocent until PROVEN guilty) The case has been sealed for "THEIR" protection. They are adults who can take care of themselves. SHAME ON YOU people.
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