After hearing arguments Wednesday, May 15, Judge Chris Hughes issued no ruling on whether or not he will grant a new trial for Clarence Whatley, recently convicted for first-degree sodomy.
Hughes said he will take the information under advisement and issue a written order within the next several days.
Whatley, a former Auburn radio personality, was sentenced to five years in prison and ten years subsequent probation for alleged sexual crimes against a child, however, defense attorney Todd Crutchfield said new evidence should earn Whatley a new trial.
The newly discovered evidence in question pertains to Karen Goulart, a potential witness should Hughes decide to continue the trial.
Goulart sent Whatley a Facebook message on December 29 that reportedly warned him about the sodomy charges. Should that be true, it would aid Whatley's defense that he was set up.
"We certainly think her testimony could change the result of the trial," Crutchfield said.
Crutchfield asserted that the introduction of Goulart's testimony would provide new evidence that would "obliterate" the evidence on which the original verdict stands.
Attorney William Whatley, Clarence Whatley's brother, was also on hand for the hearing as part of the defense.
In a rare move, Hughes closed the court to the public and the media to hear from Goulart during the conference.
In response, Chief Assistant to the District Attorney Kisha Abercrombie said the evidence is inadmissible.
According to Abercrombie, the defense had a chance to subpoena Goulart originally and did not practice due diligence to get her on the stand.
Abercrombie also said any testimony from Goulart would be hearsay and the fact that the previous jury rejected Whatley's "set up" defense means no new trial should be granted.
In addition, the defense now has seven days to respond to the state's motion to resentence Whatley.
Hughes decision can be issued anytime within the next week as he deliberates on the new information.
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