District Attorney Bill McBroom

vowed Tuesday to retry a Fayetteville couple on charges they molested

their children.

The pair were found guilty

of sexually exploiting their children, although a deadlocked jury couldn't

render verdicts on charges they molested the children at their residence

in Marnelle Mobile Home Park in 1998.

Mark Anthony (Tony) Wheeler

and Candace Marie Wheeler were also convicted Monday afternoon of distributing

obscene material; Candace Wheeler was also found guilty of contributing

to the deprivation of a minor. Tony Wheeler was sentenced to 24 months

in jail while Candace Wheeler was sentenced to 36 months in jail; both

were the maximum penalties that could have been imposed by presiding Superior

Court Judge Johnnie L. Caldwell Jr.

Caldwell declared a mistrial

due to the deadlock on the child molestation, aggravated child molestation,

rape and incest charges against the couple, leaving the door open for

a new trial. The couple will be tried again on those charges, District

Attorney McBroom said Tuesday morning.

One juror was the holdout on

all but two of those counts, where the last jury poll indicated splits

of 6-6 and 7-5, McBroom said.

At the conclusion of the case,

jurors wept openly at the result, while one juror approached McBroom and

apologized for the way the case ended.

The Wheelers were accused of

sexually molesting their then 12-year-old son and 7-year-old daughter.

Authorities alleged they also failed to report when their daughter was

molested by her ex-husband. One of those incidents was depicted on a videotape

that Tony Wheeler turned over to police, according to testimony.

Police later found a second

copy of that tape during a search of the Wheeler's residence, said assistant

DA Jim Hardin.

One of the Wheelers' former

neighbors testified that the couple knew Mrs. Wheeler's ex-husband, Bill

Whistler, had molested the young girl. Over a year before the tape was

turned over to authorities, the Wheelers told Lisa Brewer they had to

leave quickly for Florida since the girl had been molested while they

asked her to watch over their house, Brewer testified.

Whistler is currently jailed

in Florida after being convicted there for the molestation, authorities

said.

In closing arguments Thursday

afternoon, attorneys for the Wheelers called into question the tactics

used in the investigation. Joe Saia, representing Tony Wheeler, said three

of the four clinical professionals who evaluated the family "found

nothing."

Saia also claimed the young

female victim's memory may have been tainted by staying in a foster home

with other sexually abused children.

"Who are more programmable

than children?" Saia argued.

Scott Ballard, representing

Candace Wheeler, questioned the testimony of both young children, noting

most of the charges against the Wheelers hinged on the children's testimony.

He also said the Wheelers were victimized by "overzealous professionals"

to whom the children revealed the molestation allegations.

"Ladies and gentlemen,

programming is rampant in this case," Ballard said.

During the trial, Sgt. Renee

James of the Fayette County Sheriff's Department testified that Brewer

came forward with a bag of videotapes the Wheelers gave her for safekeeping

before authorities searched the Wheelers' residence.

Among those tapes was a recording

of Tony and Candace Wheeler having intercourse, prosecutors allege.

"They wanted to get the

pornography out of their house," Hardin said during closing arguments.

The videotape of the daughter

being molested along with another girl by Whistler, Candace Wheeler's

ex-husband, wasn't turned over until after the daughter revealed the incident

to authorities, Hardin said.

"Who knows how many copies

were made," Hardin said, noting that a second copy of the tape was

found in a search of Whistler's home.

Hardin argued that children

are more likely to reveal they were abused once they are taken from the

home.

"They have been through

the most degrading punishment they could ever go through," Hardin

said.

Back

to News Home Page |