John Parks was in McCracken County Circuit Court Monday, where he faces one count of first-degree sexual abuse and ten counts of possession of matter portraying a sexual performance by a minor. He was arrested and later indicted on additional charges after a student and member of the fishing team accused Parks of intimately touching him and sending him inappropriate messages.
Assistant Commonwealth's Attorney Raymond McGee confirmed that at Monday's hearing Judge Tim Kaltenbach heard from defense attorney Emily Roark, who filed a motion to suppress the February interview with McCracken Sheriff's Detectives, claiming Parks invoked his right to an attorney.
The court heard from Detective Ryan Norman, who interviewed Parks, and he testified that he read Parks his Miranda rights. Norman said Parks mentioned attorney Mark Bryant's name several times, but kept on answering questions.
McGee said Norman testified that about 1 hour and 10 minutes into the 2-hour interview, Parks said, "I think it's time for Mark Bryant to be here."
McGee told West Kentucky Star, "The only issue that the judge would to decide is if the remaining 45 minutes of the interview is allowed at trial or not."
The prosecution and defense have until next Monday to file memorandums and present their arguments based on testimony at the hearing. Once Judge Kaltenbach receives and reviews them, he will issue a ruling on the motion.
A motion to separate the child pornography charges from the sexual abuse case was upheld after McGee didn't object.
A trial date has not been set on the abuse charge, but a pretrial conference is set for January 17 and a trial is set for March 3 on the child porn possession charges.