'Spanking case' decision set for Wednesday

'Spanking case' decision set for Wednesday

By Brian Barker and KATU Web Staff

MCMINNVILE, Ore. - Defense attorneys in the case of two McMinnville students accused of spanking their classmate's bottoms and poking at girls' breasts spent Tuesday trying to convince a judge to throw out some of the evidence in the case.

The defense attorneys contend that the two boys were improperly questioned by police back in March when the allegations against them were made.  They said when the boys were interrogated, they did not understand their rights or realize how much trouble they were in.

The case involves two Patton Middle School students. According to the boys, 13-year-old Corey Mashburn and 13-year-old Ryan Cornelison, it was all just part of a game that several students at the school were playing. Authorities said it stemmed from the MTV series "Jackass."

Although the boys and many others considered it just horseplay, the District Attorney's office in Yamhill County took the matter seriously and charged the boys with felony sex abuse. The two spent several days in juvenile detention and were temporarily suspended from school.

The felony charges were later dropped, but the boys were still facing misdemeanor sex abuse charges. Those charges were dropped last week, meaning the two will no longer face the prospect of lifetime registration as sex offenders, but they still face charges of sexual harassment.

In court on Tuesday, the boys defense attorneys grilled the police officer who first interviewed the boys inside Patton Middle School where prosecutors said a girl had been groped and spanked.

"I read him his rights from my Miranda card," Detective Marshall Roache with the McMinnville Police Department testified.  "I asked him if he understood his rights.  He said he did.  I asked him if he wanted to speak with me and he said he would."

The defense also claimed that one of the alleged victims changed her story, telling another detective that the boys were simply imitating a stunt from a television show and that they did not even touch her.

"Officer Roach writes this report and it sounds terrible, right?" J. Mark Lawrence, one of the defense attorneys, said outside of the courtroom.  "The D.A. charges these phenomenal charges based upon that and a couple of days later, a qualified officer who has been appropriately trained goes out and interviews the girl again and finds out there was no touching.  They were playing a game."

The boys' parents believe their children did nothing wrong and that the two 13-year-olds do not understand the kind of trouble they face.

"I asked him today, I said 'Corey, do you understand what's happening?'  He goes 'Mom, it's just a motion hearing.'  He doesn't know.  He has no clue," said Traci Mashburn, mother of Corey Mashburn.

The two boys could be in big trouble as the judge decides whether the boys were just being boys or were breaking the law.

"We're still going to fight for his freedom and his rights," said Scott Mashburn, father of Corey Mashburn.  "All we can do right now is we've got to fight for our son."

The judge will decide Wednesday morning whether to throw out the statements made by the boys.  If the statements are thrown out, it would change the entire face of the case.  The judge could also decide to throw out the whole case altogether.

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