The jury trial of James Bynum is underway in a Scott County Court. Bynum’s trial began yesterday, October 29.
Bynum, who was convicted in 2015, was found guilty of 10 counts of sexual assault in the fourth degree, a class D Felony and two counts of sexual assault in the second degree, a class B felony. After finding Bynum guilty, the jury handed down a 100 year sentence.
In October 2018, the judgement of the circuit court was reversed and remanded by the State Supreme Court. Judge Kenneth Hixson ruled that Bynum’s counsel was “deficient” and that the court “erred in not finding that Mr. Bynum’s counsel’s deficient performance prejudiced the defense.” Furthermore, “We believe the fact of being charged with twelve crimes instead of two was, in itself, prejudicial to Mr. Bynum. Couple that with the fact, at the jury trial Mr. Bynum received, the jury was given no limiting instructions…Under these circumstances, we hold that there was a reasonable probability that the outcome of the trial would have been different had Mr. Bynum’s counsel not been deficient.”
Bynum is being retried on two class B felony sexual assault charges, which allegedly took place from 2013-2014. The trial is scheduled to continue through today, and on into tomorrow.