A Miller County circuit judge Thursday cited concern for community safety as cause to continue house arrest and electronic monitoring for a 77-year-old man accused of sexual misconduct with three boys.
At a hearing before Circuit Judge Carlton Jones, Texarkana lawyer Joe Tyler asked that court-ordered house arrest and electronic monitoring be removed from Kenneth Richards' bond conditions. Tyler said the restrictions have affected Richards' health and hurt him financially.
Richards testified under questioning from Tyler that the $420 per month fee he is required to pay for the electronic monitor on his ankle, which allows authorities to track his movements, is a burden to a senior citizen on a fixed income. Richards complained that he had to pay a high price recently for tires because he cannot go out and shop around and lamented that he must rely on family members to do his grocery shopping. Richards said his congestive heart failure is worsening because he isn't allowed to go out and walk the dog and testified that he hasn't had a haircut in months.
Deputy Prosecuting Attorney Kristian Roberts asked Richards if he has attempted to thwart law enforcement's ability to surveil his internet activity through the use of a device meant to keep outside users from accessing a computer. Robertson asked Richards if he was impeding law enforcement so that he might watch child pornography on his computer.
Richards denied watching child pornography and did not answer when Robertson asked if he recalled watching pornography and pulling his pants down in the presence of minors as is allegedly depicted in a video recorded on one of the alleged victim's cellphones. Richards did not answer the question after an objection to it was sustained by Jones.
When asked by Roberts if he realized he might run into children while outside walking his dog, Richards replied, "So what?"
Roberts called Miller County Sheriff's Office Investigator Patsy DeHart to testify on behalf of the state. DeHart said investigators discovered pornography involving adults and children on Richards' computer, which was seized during a search of his home in November 2017 in Fouke, Ark. Roberts noted that Richards has since replaced the computer equipment taken by law enforcement.
Tyler pointed out that Richards is alleged to have engaged in sexual misconduct with boys in his home, not in grocery or computer supply stores.
"With Mr. Richards, nothing would alleviate my concern," DeHart said. "His daughter said that his inappropriate contact with young boys has been going on for a long time."
Roberts argued that lessening the restrictions on the elderly defendant could put youngsters in the community at risk. Jones agreed and denied Richards' request to amend his bond conditions.
"There is hardly nothing one can't do from a computer that one can do from the street," Jones said.
Jones told Richards he can find cheap tires on the internet, buy groceries and arrange for medical care with a computer and that, while on house arrest, he still has access to his own bed, refrigerator and friends.
Richards' case is scheduled for trial Nov. 26. He was arrested last year after two 12-year-old boys and a 14-year-old boy reported they had been doing some work for Richards for about two weeks when he began trying to inappropriately touch them while driving around, according to a probable cause affidavit used to create the following account. The boys claim Richards gave them tobacco and beer and encouraged them to watch pornography with him in his home. Richards is accused of performing a sexual act on the two alleged victims.
Richards is charged with rape and sexual indecency with a child. The indecency charge is punishable by up to six years in prison and a fine up to $10,000. Rape is punishable by 10 to 40 years or life in prison.