Bond reduction denied in abuse case
By Kat Russell, Reporter
The Paducah Sun
August 28, 2015
http://www.paducahsun.com/news/local/082815_PS_Jarell_Hardin
A McCracken County man accused of criminally abusing his girlfriend's 2-year-old son asked McCracken Circuit Judge Tim Kaltenbach if he would reduce his bail during a Thursday morning bond hearing.
Currently held at McCracken County Jail on a $25,000 cash bond, Jarell Hardin, 25, and his attorney Craig Newbern, a local public defender, asked Kaltenbach to consider reducing the bond to 10 percent, or $2,500.
The judge sided with the prosecution, however, and denied Hardin's request. He stated that previous contempt charges and convictions for fleeing and drug offenses indicate Hardin is "a danger to others" and the $25,000 bond is reasonable.
Hardin is charged with first-degree criminal abuse of a child under 12 years of age, second-degree wanton endangerment, tampering with physical evidence, possession of marijuana and possession of drug paraphernalia.
The child's mother, Taylor Sloan, 21, is also charged with first-degree criminal abuse of a child under 12 years of age, second-degree wanton endangerment, possession of marijuana and possession of drug paraphernalia.
The charges stem from a nearly month-long investigation that started May 10 following a report of possible child abuse from the Kentucky Health and Family Services.
McCracken Detective Capt. Matt Carter said a 28-month-old boy was taken to an area hospital with multiple injuries, which prompted doctors to alert Family Services.
Due to the severity of the injuries, the toddler was then transferred to an out-of-state hospital.
Doctors at the hospital considered the number and severity of the injuries and determined the boy had endured "severe child abuse," the sheriff's department said.
After further investigation, warrants were issued for Hardin's and Sloan's arrests, and the couple turned themselves in to the sheriff's department.
During Thursday's hearing, both sides were permitted to give testimony they felt was relevant to the judge's decision.
Newbern argued the bail amount was prohibitive seeing as Hardin was a "poor person," incapable of raising that much money.
The defense attorney added that he felt some of the less serious charges Hardin is facing, namely the tampering and possession charges, were filed to inflate the seriousness of the case, essentially piling on and raising the amount of Hardin's bond.
The lawyer also questioned Hardin about where he was raised, if he had any connections outside the county or means to flee, and if he had ever been accused of a violent crime. Hardin stated he was raised locally, then answered "no sir" to each question.
Hardin was also asked if he was released, could he stay away from the child, Sloan and the child's family. Hardin said he could.
For the prosecution, Carter testified about the child's injuries and some of the evidence that was collected at the scene.
According to Carter, the toddler "sustained broken bones from head to toe," which included acute brain injuries, skull fractures, and brain swelling and bleeding, as well as fractures to both arms, broken ribs on both sides, a broken femur and a laceration to his lip that required sutures.
Carter also said doctors found evidence of healed fractures that may be indicative of child abuse.
Newbern argued the child could have been injured falling down or due to boisterous behavior, stating that "children get injured every day ... Children get taken to the hospital everyday," and that the listed injuries "could also be indicative of a 3-year-old child that is rambunctious that hurt himself."
Carter also spoke of recorded phone calls made to and from the jail, during which Hardin and Sloan allegedly discussed abusing the child prior to the May 10 incident that caught law enforcement's attention.
"There were multiple phone calls that were placed to and from McCracken County Jail ... between the two co-defendants about beating the child, about looking forward to beating the child and all those are on tape," Carter testified.
Newbern countered, saying parents discussing corporal punishment is not indicative of abuse.
"Parents tend to use corporal punishment on their children, is that fair to say? As a matter of fact there's a statute ... which allows parents to use corporal punishment against children. So the fact that someone's talking about disciplining a child corporally, that's nothing big," he said.
In closing, Newbern argued that bonds are set to ensure defendants show up for their court dates, and are "not designed to keep (defendants) in jail." The attorney added that the prohibitive amount of Hardin's bond has prevented Hardin, who has spent 80 days in jail, from gaining release.
Hardin and Sloan are scheduled to next appear in McCracken Circuit Court on Monday for pretrial conferences.
Contact Kat Russell, a Paducah Sun staff writer, at 270-575-8653.
Currently held at McCracken County Jail on a $25,000 cash bond, Jarell Hardin, 25, and his attorney Craig Newbern, a local public defender, asked Kaltenbach to consider reducing the bond to 10 percent, or $2,500.
The judge sided with the prosecution, however, and denied Hardin's request. He stated that previous contempt charges and convictions for fleeing and drug offenses indicate Hardin is "a danger to others" and the $25,000 bond is reasonable.
Hardin is charged with first-degree criminal abuse of a child under 12 years of age, second-degree wanton endangerment, tampering with physical evidence, possession of marijuana and possession of drug paraphernalia.
The child's mother, Taylor Sloan, 21, is also charged with first-degree criminal abuse of a child under 12 years of age, second-degree wanton endangerment, possession of marijuana and possession of drug paraphernalia.
The charges stem from a nearly month-long investigation that started May 10 following a report of possible child abuse from the Kentucky Health and Family Services.
McCracken Detective Capt. Matt Carter said a 28-month-old boy was taken to an area hospital with multiple injuries, which prompted doctors to alert Family Services.
Due to the severity of the injuries, the toddler was then transferred to an out-of-state hospital.
Doctors at the hospital considered the number and severity of the injuries and determined the boy had endured "severe child abuse," the sheriff's department said.
After further investigation, warrants were issued for Hardin's and Sloan's arrests, and the couple turned themselves in to the sheriff's department.
During Thursday's hearing, both sides were permitted to give testimony they felt was relevant to the judge's decision.
Newbern argued the bail amount was prohibitive seeing as Hardin was a "poor person," incapable of raising that much money.
The defense attorney added that he felt some of the less serious charges Hardin is facing, namely the tampering and possession charges, were filed to inflate the seriousness of the case, essentially piling on and raising the amount of Hardin's bond.
The lawyer also questioned Hardin about where he was raised, if he had any connections outside the county or means to flee, and if he had ever been accused of a violent crime. Hardin stated he was raised locally, then answered "no sir" to each question.
Hardin was also asked if he was released, could he stay away from the child, Sloan and the child's family. Hardin said he could.
For the prosecution, Carter testified about the child's injuries and some of the evidence that was collected at the scene.
According to Carter, the toddler "sustained broken bones from head to toe," which included acute brain injuries, skull fractures, and brain swelling and bleeding, as well as fractures to both arms, broken ribs on both sides, a broken femur and a laceration to his lip that required sutures.
Carter also said doctors found evidence of healed fractures that may be indicative of child abuse.
Newbern argued the child could have been injured falling down or due to boisterous behavior, stating that "children get injured every day ... Children get taken to the hospital everyday," and that the listed injuries "could also be indicative of a 3-year-old child that is rambunctious that hurt himself."
Carter also spoke of recorded phone calls made to and from the jail, during which Hardin and Sloan allegedly discussed abusing the child prior to the May 10 incident that caught law enforcement's attention.
"There were multiple phone calls that were placed to and from McCracken County Jail ... between the two co-defendants about beating the child, about looking forward to beating the child and all those are on tape," Carter testified.
Newbern countered, saying parents discussing corporal punishment is not indicative of abuse.
"Parents tend to use corporal punishment on their children, is that fair to say? As a matter of fact there's a statute ... which allows parents to use corporal punishment against children. So the fact that someone's talking about disciplining a child corporally, that's nothing big," he said.
In closing, Newbern argued that bonds are set to ensure defendants show up for their court dates, and are "not designed to keep (defendants) in jail." The attorney added that the prohibitive amount of Hardin's bond has prevented Hardin, who has spent 80 days in jail, from gaining release.
Hardin and Sloan are scheduled to next appear in McCracken Circuit Court on Monday for pretrial conferences.
Contact Kat Russell, a Paducah Sun staff writer, at 270-575-8653.
