By Brian Smith
Madison Circuit Judge William G. Clouse denied a request Thursday from the attorney of a former Madison Middle School volunteer to seal the case file because of media coverage.
Attorney Wes Browne also sought more specific information about the charge against his client, Brandon Clay Rousey, 23, who is accused of attempted first-degree unlawful transaction with a minor for allegedly sending sexually explicit text messages to a 13-year-old student while he was an AmeriCorps volunteer and assistant coach at the school.
Assistant Commonwealth’s Attorney Jennifer Smith, who is prosecuting the case, read a portion of a written statement given to police by the victim which lists specific times and dates that Rousey allegedly sent the messages which request explicit sexual activity involving the girl.
Browne argued that without more specific information than was provided in the Feb. 26 indictment, he was unable to prepare a defense for Rousey.
The indictment claims that between Oct. 31, 2008, and Nov. 16, 2008, Rousey “knowingly attempted to induce, cause or assist” the girl to engage in illegal sexual activity.
Clouse agreed to limit prosecutors to the specific dates and times Smith cited during the hearing unless she provided additional specific dates and times.
Browne’s request to have the case file sealed was because of “local interest in the case,” and he cited numerous local media reports on the case, including several from the Richmond Register that cite comments from law enforcement.
Smith responded by citing a statement Browne released on Rousey’s behalf shortly after his Nov. 17 arrest in which Rousey admitted sending inappropriate text messages and said he wanted to “clear things up.”
An investigation by Madison County Sheriff’s deputies, which began after parents of students at the school contacted the department to complain about inappropriate text messages, indicated more than 100 text messages were sent to the girl.
A July 14 trial date is scheduled for the case. If convicted, Rousey could receive five to 10 years in prison.
Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.
