Stuart man acquitted in 2nd rape trial
December 12th, 2008 by Daphne DuretSTUART — A jury this afternoon acquitted a 20-year-old Stuart man convicted five years ago of raping a 15-year-old girl during a party at a Stuart apartment complex.
Kenneth Atkins nodded, tears in his eyes as a court clerk read the verdict, which came at the end of a week-long trial.
Atkins was 16 when police arrested him and another teen, Martin Lyke, after the Jensen Beach girl told them the two took turns raping her after the three walked to the apartment complex’s pool.
Investigators gathered most of the evidence that led to the teens’ arrest through conversations recorded after the attack between the victim, a friend, Atkins and Lyke.
Both Atkins and Lyke, who was 19, were charged as adults. Lyke told police they raped the girl and apologized to her in one of the recorded phone conversations. Atkins said the sex was consentual.
Aktins took the case to trial and was convicted in 2004 before a judge sentenced him to 10 years in prison.
An appeals court in 2006 overturned the conviction, ruling that the judge presiding over his first trial should not have allowed prosecutors to let jurors hear a recorded conversation between the victim and her friend after the alleged rape.
Lyke pleaded no contest to the rape charges and was sentenced to six years in prison in 2004. According to Department of Corrections records, he was released last month.
Jurors in Atkins’ second trial this week returned the acquittal after deliberating for two hours. The alleged victim, now an adult, quickly left the courtroom after the verdict was read.
Atkins was taken back to the Martin County jail and is expected to be released today.
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December 12th, 2008 at 5:03 pm
this jury was definitely made up of a bunch of idiots..so glad i believe in karma
December 12th, 2008 at 5:33 pm
Hey Judge Shack…. You need to subtract from your million year ledger…. LOL..
December 13th, 2008 at 12:02 am
You know, I know someone who knows Mr. Atkins and this man even housed this person and his mother and his brother. I personally do not know Mr. Atkins, but I know his former “landlord” and have the upmost respect for this person. This fellow told me today…Even if Mr. Atkins did something wrong he always admitted to it when he live with me…there are often people convicted when they are innocent…Let’s pray for a new beginning and a new life in North Carolina. And let’s pray for the “victim” who knows she put an innocent man behind bars for years…and that would not be a bar in Jensen Beach.
GO HEELS!
December 13th, 2008 at 7:30 pm
I feel this case and this retrial was ridiculous. I know this man is guilty of this crime. Kenneth Atkins is a disgusting pig who raped a poor little girl. HE DESERVED ALL THE 4 AND A HALF YEARS SPENT IN PRISON. The other defendant in this case Martin Lyke plead guilty and that is that. The jury was a bunch of idiots, it only takes a drivers license and person to be 18 years of age to make a jury. Bettsy comment is clearly absent minded and the truth clearly hurts bettsy. The state attorney clearly did the best she could do to help this victim. The justice system clearly means nothing when a rapist walks after 4 years. KARMA IS A GREAT THING I TRULY BELIEVE IN. Every police officer in Martin County and surrounding areas know what this animal did to that girl which is the reason why Kenneth Atkins is moving to NC. EVERYONE KNOWS WHO HE IS, WHAT HE DID, AND HE WILL DO AGAIN BECAUSE HE KNOWS HE CAN GET A WAY WITH IT. I pray for everyone that comes in contact with Kenneth Atkins. TO KENNETH ATKINS: HAHA you idiot how did it feel to spend the four years in prison.. do you have a job now? NO do you have a life now? NO will you ever get to look in the mirror and be okay with yourself? Probably because your a disgusting pig. Did you get gang raped in jail? YES YES YES YES YES YES YES YES.. So have fun with that memory you nasty excuse for a breathing life. AND MAY YOU LIVE FOREVER KNOWING WHAT TRULY HAPPENED!
December 13th, 2008 at 7:40 pm
OH WHAT A WEEK AND WHAT A VERDICT. WHO IN THERE RIGHT MIND WOULD EVER SEE THAT DISGUSTING PIG AS INNOCENT! THE JURY WAS A BUNCH OF IDIOTS HOWEVER, I CAN NOT HOLD THAT AGAINST THEM.. THEY WERE NOT ABLE TO SEE OR HERE A LOT OF IMPORT FACTORS IN PROVING KENNETH RYAN ATKINS GULITY. THE DEFENSE HAD FAR TO MUCH TO HIDE. HOWEVER THE JURORS DID SEE HOW KENNETH ATKINS LIED THROUGH EVERYTHING HE DID. SO I WILL NEVER UNDERSTAND THE VERDICT. BUT I HAVE A GREAT CARRER NOW, I AM IN SCHOOL, I HAVE A SUPPORTING LOVING FAMILY, AND THE MOST AMAZING BOYFRIEND IN THE WORLD. I HAVE HAPPINESS AND LOVE SURROUNDING ME. THE DEFENDANT OR WAIT LETS REPHRASE THIS THE RAPIST.. HAS A DRUNK MOTHER WHO DID NOTHING BUT THREATEN MY LIFE FOR THE PAST FEW YEARS, EMAILING MY FATHERS BUSINESS.. SENDING FAXES AND DEATH THREATS WHICH WILL BE TAKEN CARE OF. I KNOW THAT KENNETH RYAN ATKINS AND HIS DRUNK MOTHER WILL ALWAYS BE PATHETIC AND MISERABLE.., THIS IS ME THE VICTIM TELLING YOU HORRIBLE PEOPLE.., I STILL WON! YOU STILL RAPED ME! AND MY CLOSURE IS WHERE YOU WERE FOR THE PAST 4 YEARS IN PRISON GETTING GANG RAPED. MAY YOU LIVE FOREVER KENNETH ATKINS, BECAUSE LIVING FOREVER ESPECIALLY WITH THAT GUILT WOULD BE THE HARDEST THING EVER… IN THE MEANTIME I AM HERE LAUGHING AT YOU..
December 14th, 2008 at 7:19 pm
The rumor and innuendo flying in these posts is just disgraceful. I realize that the jury system is not perfect but to use an anonymous forum to demean and libel the defendant, the accuser and/or their families is unacceptable. Our community has spoken, and found that the charge could not be proven beyond a reasonable doubt. That’s a high standard of proof and it could not be met based on the evidence. Anyone who has ever been accused or known someone accused of a crime will recognize how important it is that is that rules be followed. We must protect the accused even when the charges are serious or when many people suspect he’s guilty. The jury reviewed the case, the law and the facts and determined that he wasn’t guilty. GET OVER IT and let all concerned move on. It’s not going to change.
December 24th, 2008 at 3:03 pm
Wooooo Hoooo!!! Finally after 4 long years our “brother” is set free!!! It’s funny how the victim keeps saying she was raped when she knows she was drunk and her boyfriend found out she cheated on him. That’s why she cried rape. She doesn’t want all the people to know about all the missing evidence from the first trial. Thats why his appeal went through and he was found NOT GUILTY!!!! She didn’t want you to know how she was bragging about all the keg stands she was doing that night. And just for the record Mr. Lyke did NOT plead guilty. He plead No contest because kenny had already lost his first trial so he did not want to go through that as well. The “victim” was just a lonely drunk girl who wanted some attention as most 15 year old drunk girls at parties do. I would just like to point out that at the time of the “supposed” rape Kenny was only about 90 lbs. soaking wet, and wouldn’t hurt a fly. Please tell me how he could rape someone?! I’ve personally known Kenny for 9 years. Never once in that time did he ever try to “rape” me. I dated him. My boyfriend of the last 8 1/2 years was his best friend. We all hung out everyday and never once did Kenny try to do anything “funny”. Kenny does not believe in hurting women. He in fact despises any man who could harm a woman. So I don’t see how he could find it with in himself to rape someone. If someone sent my innocent son to jail you better believe I would be sending death threats. I’m not saying his mother sent them, I am simply saying that if it was my son, death threats would be the least of your worries. I still to this day do not know the “victims” name. Nor will Kenny ever tell me. Lucky for her Kenny is a nice guy and he knew sending or acting on any kind of threats could have hurt his trial. I really hope she moves on with her life and gets over herself. Kenny is living a good life now. He is moving on to bigger and better things. We wish nothing but the best for him. When I talked to him today he sounded great!!!!! He’s free and doesn’t have to worry about the little girl who STOLE 4 years of his life. I hope you sleep well knowing what you did to him. I just want to let you know we are all sleeping great now that he’s home. Now that I have gotten to talk to my “brother” for real, not through letters from the jail, I am going to have a great Christmas and I know he will too!!!!