A trial date has not yet been scheduled for Kenneth Scott Marshall, 36, of Mathews, who has been charged with felony forcible sodomy against a minor through the use of mental incapacity or physical helplessness and felony aggravated sexual battery against a minor through the use of mental incapacity or physical helplessness for alleged offenses dating to June 2018.
A trial date couldn’t be set, said Mathews Commonwealth’s Attorney Tom Bowen, because Marshall has asked for expert witnesses whose presence in the court will have to be scheduled. The expert witnesses would be called for forensic analysis of Marshall’s cell phone, which he said is in the possession of the Mathews County Sheriff’s Office, and of DNA samples taken from the scene. Defense attorney Jason A. Atkins of Gloucester argued in written pleadings that evidence uncovered in both instances could be exculpatory and could exonerate Marshall or be “outcome determinative.”
Bowen said tha...
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