Superior Court Justice Patrick Hurley has a lot to consider in the trial involving a former Belleville tattoo artist accused of sexual assault and criminal harassment.
The trial at the Quinte Consolidated Courthouse wrapped up on Friday following a long day of closing statements from the defence and Crown attorneys.
Defence Attorney Mike Pretsell walked the court through each witness and their claims against his client, 49=year-old Kenneth Wayne Melvin, the former owner/operator of Skin Graphix.
Melvin pleaded not guilty to 16 counts including indecent acts, sexual assault and criminal harassment from the 10 women who testified over the 11 day trial.
Pretsell argued inconsistencies in the witness statements cast shadows of doubt in the evidence presented in front of Justice Hurley.
He even told the court the police played a role by disclosing to other witnesses the offers of deals that were made by Melvin.
The defence attorney also alleged social media may have played a role in this case as they can’t be sure what people read online or didn’t read, as some witnesses did post details of what they allege happened to them on various social media sites.
He told the court he feels the witnesses tend to want to say bad things about his client and a number of them even exaggerated evidence to make him look bad.
Pretsell said Melvin didn’t recognize social cues and nervous laughter, and because of that he continued his flirty behaviour, not realizing it was making people uncomfortable. Pretsell said that when clients told him to stop, he stopped and nothing further ever happened.
He said the court has to find Melvin meant to cause fear or was willfully blind in his actions.
Hastings County Crown Attorney Lynn Ross said in her closing statement that Melvin had a disregard for the sexual integrity of his female clients.
She pointed to examples where women brought clothing that allowed for them to remain covered up while Melvin tattooed them, or allowed for just a part of their body to be exposed while getting a piercing instead of being entirely topless or bottomless, but he still attempted to get them disrobed.
While the incidents took place over a period of 13 years, Ross says some of the witness complaints are very close in proximity to one another, which demonstrates a consistent pattern of conduct over a long period of time without an intervening event.
She said many women were afraid of Melvin, as he stands 6’1″ tall and weighed about 280 lbs at the time, not only making him a looming figure, but most of these incidents occurred while the women were alone with him in the shop or when their tattoos were halfway completed, giving him power over these women as they were in a vulnerable position.
Ross noted a couple of witnesses never went back to the shop to get their pieces completed because of what had happened to them.
In response to Pretsell’s comments that the witnesses may have been influenced by the media stories or online posts, Ross said many didn’t come forward at the time of the incident but that time has allowed them to realize the seriousness of the incident. She said it is still an assault whether reported later rather than sooner.
She also stated the news stories were generic in nature stating who had been arrested and what they were charged with; nothing in the form of details beyond that were included.
Justice Hurley remanded Melvin back to court next Friday, May 31, to discuss the other indictments against him, as well as to set a judgement date. He indicated his decision would come in late June or early July.
A second trial is expected to begin involving the original complainant. This trial will focus on charges of unlawful confinement, sexual assault, touching for a sexual purpose, possession of child pornography and making child pornography.
Belleville Police Sgt. Brad Lentini also recently laid a new charge of possession of child pornography against Melvin, which doesn’t involve any of the witnesses involved in this current trial.
Melvin is expected to be arraigned on that charge on May 30.
