Jesup sex crimes case pleaded down; Prosecutor speaks, local attorney breaks down plea

SAVANNAH, Ga. (WTOC) - We’re analyzing more details in a plea deal that dropped sex crime charges down against a Jesup man.

Joshua Graham pleaded guilty to cruelty to children after prosecutors dropped statutory rape, child molestation and aggravated stalking charges against him.

He will spend a maximum of 15 years on probation after 180 days in custody, with multiple conditions.

Original charges dropped

Plea deal paperwork says Graham got his ex-girlfriend’s teen daughter pregnant. She suffered a miscarriage shortly after at the age of 16.

Her mother and grandmother tell WTOC the fetus measured at 9 weeks at the 13-week appointment and that’s how the family found out she was miscarrying.

Graham instead pleaded guilty to a lower charge and will not have to register as a sex offender.

The victim’s mother and grandmother say the teen wanted to take the case to trial, and was willing and ready to testify and be cross-examined.

The victim’s mother’s biggest concern is that once Graham completes five years of probation, he could make contact with her daughter again.

“By the time the five years are up, he potentially could make contact with her again,” the victim’s mother said. “Could attempt to disrupt the healing that she has made. Even protective orders didn’t stop him from contacting us in the past. That was what got two of his charges — that they dropped.

Attorney reviews sentence terms

Savannah attorney Skye Musson reviewed the terms of the sentence for an outside legal read.

“This is a very interesting one because I’ve never seen an order quite like it,” Musson said.

Musson says sex-crime cases are especially complicated. She says prosecutors have to consider what charges can realistically hold up in court. Musson says what stands out most is what’s missing from the sentence.

With DNA from the miscarriage, the family believes a jury would have listened, despite the victim initially lying to investigators about the age at which the sexual contact initially began.

“There’s science behind it, the legislature has looked at the recidivism, they’ve looked at what they think they need to do to keep people safe in constructing sex offender registration, and so to not somehow include some level of that during a sentence that includes allegations that would basically be offenses that require registration is very, I think, a very unique outcome that I don’t necessarily think you would see very often,” Musson said.

Probation terms

If Graham completes five years of probation with no violations, the remaining ten years could disappear for good.

• Graham can petition the court after five years to have the restrictions terminated, but a judge must approve it after a hearing.
• The prosecutor said the victim and guardian knew when the plea hearing was and were invited to attend. Under victims’ rights provisions, they could have told the court whether they agreed or disagreed with the plea that day as well.

Graham’s attorney did not respond to requests for comment last week or today (Monday).

The prosecutor on the case said the plea offer was made with full authorization of the victim and her grandmother at the time.

The victim and her legal guardian were consulted at least twice during plea negotiations, the prosecutor said. They were given two options: go to trial or accept a plea deal. The prosecutor says they chose the plea and authorized the terms.

The prosecutor denied having any personal/social relationship with Graham’s defense attorney, saying their relationship was strictly professional.

The major evidentiary problem was when the sexual contact occurred. DNA established Graham was the father of the victim’s miscarried child, but prosecutors had difficulty proving the sexual contact happened before the victim turned 16, which was important to the original charges.

The family has also shared that the victim initially lied the first time to police, saying she was only 16 when the sexual contact happened. In the 2nd and 3rd interviews, the family says she admitted to detectives the sexual contact began when she was 14 and continued through her 16th birthday. They attribute much of it to promises made by Graham and years of grooming her.

“Her (the daughter) final interview with them, she put everything out on the table for them and, you know, put it out there that the very first time that there were sexual acts, she was 14, almost 15. And it had been going on for over a year. Then the DA (prosecutor) says that it was lack of evidence, but realistically there was a fetus involved,” the victim’s mother said. “She was pregnant. There was evidence. There was plenty of evidence.”

Sentence, conditions

Under the negotiated plea, Graham received 15 years of probation, a $2,500 fine, 180 days in jail and 100 hours of community service. He must also obtain lawful employment, subject to approval by his probation officer.

Graham will not have to register as a sex offender. Graham is prohibited from:

• Violating any new laws
• Leaving Georgia without permission
• Having any direct or indirect contact with the victim, the victim’s mother, or their family members
• Having contact with minors under 18, including in person or through any form of communication
• Going to schools, child-care facilities, gatherings or other places where minors typically gather
• Living with anyone under 18 unless approved by the court, including his own children if he has any (the order makes an exception for his two teen family members)
• Working or volunteering in any position involving direct contact with or supervision of anyone under 18
• Dating or entering a relationship with someone who has a child under 18 without prior approval from his probation officer
• Traveling past or loitering near the victim’s residence
• Using drugs or alcohol
• Viewing or possessing sexually explicit material involving minors
• Watching sexually oriented media at all, including certain magazines, websites or television programs
• Visiting adult entertainment businesses or adult stores
• Using sexual telephone hotlines to solicit or access sexual content

Graham will also have a curfew determined by his probation officer and must receive prior approval for any change in residence.

If he does not already have a GED or high school diploma, he is required to obtain one.

He is also banned from Wayne County for the entire probation period.

Graham will complete his 180-day sentence in November.