Elizabeth Gaddy, 45, of Hogansville was indicted this month on charges of aggravated child molestation, child molestation and enticing a child for indecent purposes. She allegedly performed oral sex on the 13-year-old male student between January and November 2008 on a dirt road near his residence.
A hearing was scheduled for June 5 on motions filed by defense attorney William Kirby II of Columbus.
Kirby issued the standard discovery motions and wants a judge to quash the indictment for being “vague and ambiguous,” preventing his client from using an alibi defense and otherwise preparing for trial.
Gaddy’s potential prison sentence - 25 years or more - would be “cruel and unusual punishment” in violation of the Eighth Amendment to the U.S. Constitution, Kirby said
Another motion asks the judge to instruct the district attorney and state’s witnesses to refrain from calling the student a “victim.”
“The connotation of the word ‘victim’ takes on an inflammatory appeal such that the passion of the average man or woman is aroused to the point of prejudice,” Kirby said.
I say let the court handle judging her.