Portions of testimony in decades-old sexual assault allegations to be used in man's case
Portions of testimony from three witnesses who allege an Ypsilanti man molested them nearly 40 years ago will be allowed at trial, a Washtenaw County Trial Court judge ruled this week.
Dervin Mood
Dervin Mood, 76, is charged with repeatedly sexually assaulting a man between 2003 and 2011 in his home in the 900 block of Pleasant Drive in Ypsilanti. The man was reportedly 12,15,16 and 19 years old when the assaults occurred.
As Mood’s case moves toward trial, the prosecution wants to use the testimony of three other people who allege Mood molested them four decades ago. Washtenaw County Trial Court Judge Darlene O’Brien said Monday that parts of their testimony could be used at trial, while other portions must be excluded.
John Shea, Mood’s attorney, said the testimony of the three people would be more prejudicial than relevant. He said the allegations were so old that there would be no way to defend Mood against them with an alibi.
“They essentially can’t be confronted,” he said.
Mood is charged with three counts of first-degree criminal sexual conduct and two counts of second-degree criminal sexual conduct. He was convicted in March on one count of third-degree criminal sexual conduct in an Oakland County case involving the same victim.
Washtenaw County Assistant Prosecutor Robyn Liddell argued the testimony of the three alleged victims will be important to prove Mood had a prior history of sexual assault. That prior history is important because the defense plans to argue the claims made by the alleged victim in the Washtenaw County case are not true.
“The other acts as evidence are probative because they rebut the claim that the victim is not telling the truth,” Liddell said.
No charges were filed related to the accusations of the three individuals. The allegations came forward after Mood was charged in the more recent cases.
Shea said in court Monday the judge in the Oakland County case did not allow the testimony from the three individuals to be used at trial.
Shea clarified that the defense does not plan to argue the man made up the claims but that the claims of sexual assault are delusions brought on by his mental illness. The man has Asperger’s syndrome and other mental health issues.
“The defense has always been these acts did not occur,” Shea said.
Mood was on federal court probation for possession of child pornography when he was charged in the Washtenaw County case. He is a former school teacher and child care provider.
The trial in the Washtenaw County case is scheduled to begin on April 29, and Mood is expected to be sentenced in the Oakland County case on April 10. He’s held in the Oakland County Jail on a $75,000 cash bond.
Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.
Comments
pseudo
Thu, Apr 4, 2013 : 1:17 p.m.
I'm glad he's been convicted in Oakland Co. already and on top of his federal child porn conviction so he's out of circulation for a long while longer. I am troubled that he ran a daycare for years and that he lived so close to a school and public park.
Ypsi.Support
Wed, Apr 3, 2013 : 11:01 p.m.
Rediculous. I've heard Lawyers don't have moralls but John Shea must in fact have horns. Go ahead and attack a handicapped person for who they are.. your creepy old man is still guilty. The best place for him is behind bars.. due to the nature of his crimes, it's not safe for him out here.
SemperFi
Wed, Apr 3, 2013 : 5:50 p.m.
I rented the house at the back of this guy's property in the early 80s. He never bothered me, but then again, I was recently out of the USMC and had a 110 lb Rottweiller living with me.
jcj
Wed, Apr 3, 2013 : 12:42 p.m.
I agree with trespass "The man has Asberger's syndrome and other mental health issues." The mention of Asperger's makes it look like that is an excuse/cause. When in fact it looks like you might just as well have said he has one bad eye or no left hand.
trespass
Wed, Apr 3, 2013 : 11:38 a.m.
Delusions are not a symptom of Asperger's syndrome. It is an autism spectrum disorder characterized by difficulties in social interactions. Many people with this syndrome are scientists and other college educated professional. It is not associated with child molestation or child pornography. I think it would be a mistake for the defense to use this defense. Where are they going to get an expert witness to say that he had delusions because he had Asperger's syndrome?
Y-TownMom
Wed, Apr 3, 2013 : 11:19 a.m.
The idea that Asperger's would cause "delusions" is absurd.
halflight
Wed, Apr 3, 2013 : 12:40 p.m.
If the story is going to refer to Asperger's Syndrome, it should give a brief explanation of what it is, and that it has nothing to do with delusional thinking. It would take a couple minute conversation with a mental health professional to confirm this. If you can't do that, just say "mental health issues". It's the defense attorney's job to muddy the waters, but annarbor.com should report facts.
trespass
Wed, Apr 3, 2013 : 12:21 p.m.
@psuedo- It does say that but what is the point of mentioning Asperger's when talking about delusions. It give people with Asperger's a bad name.
pseudo
Wed, Apr 3, 2013 : 12:09 p.m.
sorry - "Correct"
pseudo
Wed, Apr 3, 2013 : 12:04 p.m.
corrent but the rest of the sentense said "and other mental health issues"
Wondering
Wed, Apr 3, 2013 : 11:06 a.m.
"Asberger's syndrome"...change the b to a p
Kyle Feldscher
Wed, Apr 3, 2013 : 1:34 p.m.
Done. Thanks for pointing that out, Wondering. Simple mistake.