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Monticello Sex Offender’s Appeal Denied by State Court

January 26th, 2012 by

In May, a Drew County Circuit Court jury of 5 men and 7 women only took 40 minutes to find a local man guilty of sexual indecency with a child and 2nd degree sexual assault.  He had been arrested on September 2, 2010.

The jury sentenced him to 24 years in prison for those crimes, which were committed against a 7 year old.  He was released on an appeal bond, pending this court decision.

Arthur Lee Newton, Jr., age 65 of Monticello filed an appeal on that verdict, which was recently heard by the ARKANSAS COURT OF APPEALS, DIVISION IV.

Judge Waymond Brown wrote this opinion of the Appeals Court affimation of Newton’s conviction.

Appellant Arthur Lee Newton, Jr. argued on appeal that the evidence was insufficient to support his convictions because there was no evidence that his actions were motivated by the desire for sexual gratification. He also argued that the trial court erred by overruling his objection to a question that had already been asked and answered. 

Newton’s first argument on appeal was that the circuit court erred in denying his motion for directed verdict because there was insufficient evidence to support his convictions. 

He was also charged with rape; however, the court granted his motion for directed verdict as to the rape charge.

The evidence viewed in the light most favorable to the State shows the following: Newton, the victim’s grandfather, witnessed the victim and another juvenille in an inappropriate act.  In court, Newton stated that he took her to a nearby pond, to check her.  Newton conceded that he may have touched the victim while helping her remove her panties.

Judge Brown stated, “Here, the victim’s testimony was enough to support Newton’s convictions for both sexual indecency with a child and sexual assault in the second degree. Newton argues that he only evaluated the victim to ensure that she was not hurt as a result of what he had witnessed.”   “The jury was presented with both the victim’s and Newton’s account of what took place and chose to believe the victim. Accordingly, we affirm.”

Next, Newton argues that the trial court erred by overruling his objection to a question that he alleged had already been asked and answered. The trial court has wide discretion in making evidentiary rulings, and this court will not reverse those rulings absent an abuse of discretion.  The victim in this case was eight years old at the time she testified.  “Given the age of the victim  and the nature of the charges, we cannot say that the trial court abused its discretion in overruling Newton’s objection. Therefore, we affirm.”

~~~~~~~~~~~~~
Local Man Sentenced to 24 Years for Sex Crimes against 7 Year Old
May 25, 2011

A Drew County Circuit Court jury of 5 men and 7 women only took 40 minutes to find a local man guilty of sexual indecency with a child and 2nd degree sexual assault.  They only needed 25 minutes to sentence him to 24 years in prison for those crimes.

Arthur Lee Newton, Jr., age 65 of Monticello was arrested  on September 2, 2010 for the crimes against a 7 year old.  The rape charge was dismissed by the court.

The deputy prosecutor, Frank Spain, called the victim and a nurse, among others, as witnesses.  He also provided a doll for the child to use to point to areas touched during the events that took place that day.

The possible maximum sentence was up to 6 years on the indecency charge, and 5-20 years on the sexual assault charge.  Newton could be released in 1/6 of that time.

The jury sentenced him to 6 years and 18 years, to run consecutively.  Judge Sam Pope approved the jury’s decision, sentencing him to a total of 24 years.  As he was being sentenced, Newton told the judge, “I never molested that child.”  “I did not do it.”

Before the trial ended, Newton’s lawyer, Gary Potts, asked that he be released on an appeal bond.  Judge Pope told Potts that if his trial bondsman would extend his bond to cover the appeal, the court would accept that.

As of Tuesday night, Newton remained in the Drew County Detention facility, awaiting bed space in the Arkansas Dept of Corrections.

~~~~~~~~~~~~~~~~~~
Rape added to Charges against Local Man
September 16, 2011

Arthur Lee Newton, Jr.of Monticello, was arrested by the Drew County Sheriff’s Dept., September 2, and charged with 2nd degree sexual assault, for events that occurred on August 16.

Documents  filed in the Drew County Circuit Clerk’s office by Prosecuting Attorney Thomas Deen, have updated the charges against Newton to include rape and sexual indecency with a child under the age of 14.

Newton’s bond set at $100,000.  He is being held at the Drew County Detention Facility.

The sentence for rape ranges from 25-40 years or life.

Choose another article

Newer article: Man Arrested for Beating 82 Year Old Victim

Older article: Gray Seeking Re-election to JP District 8

23 Responses to “Monticello Sex Offender’s Appeal Denied by State Court”

  1. Monticello Citizen says:

    If this is the Arthur Newton I’m thinking about I’d have to say I’m quite shocked.

  2. bb says:

    I know this family and they are very dear to me. We love them and they are all in our prayers.

  3. Matthew Jones says:

    dude you deserve what you get

  4. bryannia says:

    he deserves a lot worse than what he is getting.

  5. YOU KNOW THE SYSTEM IS REALLY MESSED UP….IT IS SUPPOSED TO BE INNOCENT TILL PROVEN GUILTY!!!!!!NOT GUILTY TILL PROVEN INNOCENT!!I WAS RAISED WITH THIS MAN , HE NEVER LAID A HAND ON ME OR ANYONE ELSE! SO IF YOU DONT KNOW WHAT THE HECK YOU’RE TALKING ABOUT , KEEP YOUR MOUTH SHUT !!!!!!!!!!!

  6. Carolyn Crow says:

    To BB!!! Would this family be so dear to you if this was your child?????? Just askin!!!!!

  7. Monticello Citizen says:

    Until he is proven guilty I will not speak about him in a bad nature. I know this man personally and he doesn’t seem to be the kind of person that would do this, but I also know that the you never really do know someone. Only time will tell.

  8. Vprts says:

    I agree with “innocent until proven guilty”. But I think there must be sufficient evidence for the state to go after him. If he is guilty, then good luck to him in the prison.

  9. BB says:

    IN RESPONSE TO CAROLYN CROW;
    I WOULD BE VERY UPSET, BUT I WOULD STILL HAVE THE FAMILY IN MY PRAYERS. I AGREE THAT HE IS INNOCENCE UNTIL PROVEN GUILTY. NO MATTER WHAT HAPPENS, I WILL CONTINUE TO PRAYER FOR THIS FAMILY AND THE VICTIM’S FAMILY.

  10. Concerned says:

    It is wrong to assume that a person is automatically guilty, just based upon the fact that charges were brought against them. A criminal charge can be brought against anyone based on the allegation of another, so we are all in danger of being accused of something horrible that we may not have done, and it is difficult and expensive to disprove. Don’t be hasty to judge. Wait and see what the evidence is able to substantiate, and then make your judgements. Until that time, your inflamatory statements only make an untenable situation worse.

  11. Brent says:

    I have a friend that was charged with indecency of an infant. He was pronounced guilty in the media and when the trial was over a jury of his peers found him not guilty. The jury also suggested that his record be cleared of all things concerning that trial be removed. So see folks, we dont always know the whole story until all facts are brought to light. I wish our society would not be this way, however it is only human nature to feel like we do.

  12. cynthia hayes says:

    i would like to assure all of you…this is not what it seems like at all it was all taken out of context…they have little to no evidence….aurthur lee newton jr is my grandfather

  13. Grizzly says:

    Well, Well, I guess the people of Drew County have spoken. apparently there was enough evindense for a conviction. I’m sure there are more victims. but they won’t come forward. The Drew County Sheriff Dept and The Arkansas State police did a good job. Keep our chrildren safe, is it not our main goal as citizens to keep them safe from predators. no one knew people like Bundy, Cacesy and outher predators would do what they did until they got caught. It has been my experience that the people Drew County lock up are guilty, or they would not be able to get a warrant. Thanks again Drew County Sheriff Dept. for doing a job nobody wants to hear about.

  14. Andy Briant says:

    I agree Grizzly. Well done Drew County Sheriff’s Dept.

  15. not right says:

    its not right cuz….HE SHOULD HAVE GOT MORE TIME!!!! people like that make me ill!

  16. GRAMAW says:

    BIG BUBBA WILL BE AT THE GATE FOR THIS SICK SO CALLED MAN .I PRAY FOR THE LIL GIRL AND HER MOTHER.TO HELL WITH HIM AND ANY BODY THAT BELEVES HIS LIES

  17. blondie says:

    Out on bond pending appeal…

  18. Granmaw says:

    If a child tells you they were messed with believe them!! Her Mother believed her and this outfit will go away for awhile!! I pray the lil girl is ok.

  19. me says:

    what was a 60 year old man doing taking a 7 years old girl down to a pond, and taking off her panty anyway?? what was he thinking??

  20. rick rausch says:

    I love the justice system, most of the time. and this is one of those times.

  21. aunt brandy says:

    I am the victims aunt and say way to go sheriff ‘s department bout time he got what was coming to him. we as the family are happy that he will not be able to do this to any other child. He will get what is coming to him behind those bars……

  22. blondie says:

    Amen!!!!!!! Now go serve your time instead of wondering the streets of Drew County!!!

  23. just wondering!!! says:

    Can he appeal again and be out of jail AGAIN??
    He’s not in jail!! rideing around in his new truck
    I don’t understand him being out all this time on bond.

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