As required by statute, a district court judge on Tuesday ordered charges be sealed in two cases involving a Florence man who was accused of sexual assault on a child in two separate cases.
During a hearing on a petition to seal, District Judge Kaitlin Turner said the statute requires the court to seal a case when charges have been completely dismissed or the defendant has been acquitted of all counts.
The first sex assault case was dismissed in 2021 whereby James Walker, 31, was accused of having a sexual relationship with an underage female in 2016.
Senior Judge Sheila Ann Rappaport denied a motion to continue filed by the District Attorney's Office citing a scheduling conflict with an expert witness and the detective in the case. She also issued a written order granting a dismissal.
"The Court determines that good cause has not been shown for another continuance," the motion states. "This case is four years old and this trial setting provided ample notice to the People to secure the presence of essential witnesses. The Court incorporates the Defendant's Motion to Dismiss, filed on May 2, 2021, and given the protracted nature of this case and several dilatory practices on the part of the District Attorney, as well as a further continuance on the eve of trial, would violate the Defendant's statutory and constitutional speedy trial rights. It is not possible, at this time to reset the trial within the Defendant's speedy trial rights."
In an unrelated case, Walker was accused of sexual assault, sexual assault on a child, a Class 4 felony, and sexual assault on a child by one in a position of trust, a Class-3 felony, after an incident with a 9-year-old girl on or about July 4, 2019. He was acquitted on all counts by a jury May 18.
"The victims do want the record to be made that they are opposed to sealing," said Deputy District Attorney Wendy Owens. "They have been informed that this is an administerial act pursuant to statute."
Walker is set to appear in district court Wednesday on one unrelated charge.
He was arrested Oct. 28 on suspicion of attempting to influence a public servant, a Class 4 felony, in relation to a case where his wife, Brittany Walker, is accused of theft. She is being charged with allegedly stealing money from Two Guns Trucking, which is owned by James Walker's dad, Craig Walker.
Florence Police Detective Jeff Worley in an affidavit states James Walker attempted to influence a peace officer by means of deceit by providing false information to authorities whereby he stated that the company is his.
Walker's attorney, Randy Canney, has filed a motion to dismiss that charge, claiming it is "outrageous governmental misconduct, police vindictiveness and retaliation, and denial of fundamental fairness."
The motion will be heard in court at 10 a.m. Wednesday.
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