NY man found not guilty of sexually assaulting young girl
A Carbon County jury panel of three women and nine men took about two hours late Thursday afternoon to find a New York state man not guilty of 16 criminal counts relating to the sexual assault of a young girl.
The panel found Frederick Clinton Kimball, 52, of Tannersville, did not assault a White Haven area girl during the time span of 2008-11 at her mobile home in the Weatherly area.Kimball was charged with two counts each of rape of a child, sexual assault, aggravated sexual assault of person less than 16, indecent assault and indecent exposure; and three counts each of photograph/film on computer of sex acts with child and corruption of a minor.The girl, now 21, told the jury on Tuesday that Kimball raped her three times over a four-year period. She also said she told her mother, who was involved in an relationship with Kimball at the time, after the first incident but that the mother "didn't believe me."Kimball denied the allegations, saying nothing ever happened between him and the girl.When asked by defense counsel, attorney Michael Gough of Allentown, court-appointed, about each alleged incident and if they occurred, Kimball answered forcibly, "never."Kimball also denied other allegations made by the girl and her mother during their testimony. The mother told the jury that Kimball said he was a member of a gang (crew) called the Black Hawks and the Mafia and that there were cameras in the trailer home with recording devices. She also said he told her there were people in the woods outside the home watching her.Kimball met the woman on the Internet and they continued that communication for a period of time. Then in April 2006 he came down from New York to meet the woman in person. He said the relationshipturned romantic, with the two having sex.He said the relationship ended in 2012 because he and the woman were not getting along and much of the disagreement was over her brother moving in the home.During his testimony, Kimball said he once saw the victim's uncle on top of her wearing only shorts, trying to kiss her and he pulled him off.Assistant District Attorney Michael Greek asked Kimball about an interview he had with another police agency concerning the allegations of the assault of the girl.When asked questions about statements he made in the interview which contradict some of his testimony, Kimball would respond, "I don't recall" or "I don't remember."In that interview, which was videotaped, Kimball admitted telling the victim's mother he belonged to a crew for a period of time.There was testimony about photos he took of the girl naked, which he denied. He admitted taking a "lot of photos" of the mother and her three children, but none were inappropriate. During his testimony he said he still had the photos in his camera and laptop computer but police never requested the see them.However, when Greek asked him about telling the interviewer that he had deleted the photos from the camera and that he had to replace the hard drive on his computer which caused the photos to be erased, he said he "didn't recall" saying that to the interviewer.Gough also called Kimball's mother and sister. The sister testified that after Kimball broke off the relationship with the mother, she received a call from her claiming the woman wanted to get back with Kimball. She said the woman told her that her brother was "going to pay" for it. She said that was all the woman said.The other commonwealth witnesses included the investigating state trooper, Donald Marsh and the victim's grandmother.The trial was held before President Judge Roger N. Nanovic II.Kimball is an inmate in the county prison on loan from New York state. He is serving a 20-year sentence in that state for similar charges. He will now be returned to New York to continue serving that prison term.