Yarmey found guilty on one count

Jury was hung on the sodomy charge

By TARA HETTINGER

LOUISVILLE — After about four hours of deliberating Monday, a jury found 53-year-old Mark Yarmey, the Floyd County teacher accused of sodomizing an 11-year-old girl, guilty for the use of a minor in a sexual performance, a Class B felony. However, the jury was hung on the sodomy charge.

Yarmey, a Prosser School of Technology teacher, was held in jail overnight on a full $100,000 cash bond, pending his sentencing hearing today at Jefferson County Circuit Court.

The charges stem from an incident that allegedly happened 10 years ago, where the now 21-year-old victim said Yarmey took revealing pictures while her mother was present at his home. She said once her mother left, he took naked pictures of her and forced her to perform oral sex on him.

Her mother, Cindy Brannick, has also been charged for being complicit in the exploitation of her daughter.

Jury selection for Yarmey’s case started last Tuesday, with the final jurors seated Wednesday, when testimony started. On Monday, attorneys for both sides presented their closing arguments.



THE DEFENSE

James Falk, Yarmey’s attorney, told the jury that Yarmey did take the seven photographs that were admitted into evidence, which showed a girl wearing a man’s unbuttoned dress shirt, revealing cleavage and other outfits. He said he and Yarmey hadn’t disputed that.

“I’m sure many of you think that those photographs were inappropriate. Maybe they are inappropriate. Mr. Yarmey thought that they were appropriate for the purpose [of a modeling portfolio],” Falk said, adding that’s what the victim’s mother wanted.

Falk also brought up testimony from Detective Angela Merrick, who said that some of those who sexually abuse children keep something, such as a picture, as a trophy. She had said a search of Yarmey’s computer didn’t reveal any pictures of the victim.

“There’s no proof here that Mr. Yarmey did that, because he didn’t do that,” Falk said.

Falk also said that Yarmey is not “a charming person” who could lure a girl into oral sex or a naked photo shoot.

Falk also said the victim may have manufactured the story.

“I’m not suggesting she’s lying, but I’m just saying this story didn’t happen,” he said.



PROSECUTION

Assistant Commonwealth’s Attorney Jon Heck told the jury that Yarmey had disputed the photographs, pointing to a videotaped police interview where he denied ever taking pictures of the girl multiple times prior to being shown the seven photos police had as evidence. Once those were shown, he admitted to taking them.

When asked if he took the ones without some clothing, he said if they were in the same series, then he took them.

Heck also talked about the missing pictures. He told the jury to listen to the secretly recorded audio tape, where the victim is confronting Yarmey for taking naked pictures. Sounds of typing can be heard from Yarmey’s phone line.

“Who, when they are being falsely accused of basically manufacturing child pornography, says, you know, I think I’m going to write an e-mail; I think I’ll pull up [a local news Web site] maybe read some news?” Heck asked rhetorically. “Who does that? No one.”

As for being charming, Heck said it wasn’t necessary, adding that her mother was complicit in the crime.

“This child was delivered to him,” Heck said. “He didn’t charm her at all for the oral sodomy. He forced it.”

Heck said there’s no reason not to believe the victim, saying that her story has continued to check out to be true to every detail, including detailing the outfits she wore in the pictures and that he drove her home at the end of the night in a truck.



SENTENCING

Today the jury will hear from Falk and Heck as to why they should consider a certain length of sentence for Yarmey. The use of a minor in a sexual performance charge carries with it a possible prison sentence of 10 to 20 years. Heck said the offense is not eligible for early parole or probation, meaning Yarmey will have to serve the full time he is sentenced.

Neither Falk or Heck wanted to comment for this story. Heck said he couldn’t talk about whether Yarmey will be tried again on the sodomy charge yet.

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