By GINA KINSLOW
GLASGOW — An emergency motion for temporary injunction against a Web site featuring photos of an alleged abused child is expected to be heard Friday in Monroe Circuit Court.
The motion asks the court to grant the temporary restraining order against the grandparents, Loy and Rayna Milam, of Tompkinsville, of the alleged victim, the Milam’s 5-year-old grandson, from operating www.hayjayfarms.com and further ordering the site to be disabled from public access until otherwise informed by the court.
The Web site was posted in May 2007 by the victim’s maternal grandfather, Loy Milam, of Tompkinsville.
The Milam’s grandson was allegedly abused by his father’s girlfriend, Tammy A. Starks, of Scottsville.
Starks was indicted in May 2007 by a Monroe County grand jury on charges of criminal abuse in the first degree, possession of a controlled substance in the first degree (cocaine), possession of a controlled substance in the first degree (methamphetamine) and possession of drug paraphernalia.
She was set to stand trial last week, but the trial was moved to another county because a jury could not be seated.
“I think it was 65 jurors and we couldn’t even get 28 qualified before the judge finished his voir dire,” said Jesse Stockton, Commonwealth’s Attorney for Monroe County in an earlier interview. “A lot of people in Monroe County had formed an opinion about the case.”
Starks trial is now set for July 17-18 in Cumberland County.
The victim’s father, Michael Graves, of Tompkinsville, was also indicted in May 2007 by a Monroe County grand jury on charges of complicity to criminal abuse in the first degree, possession of a controlled substance in the first degree (cocaine), possession of a controlled substance in the first degree (methamphetamine) and possession of drug paraphernalia.
Graves entered a guilty plea on Feb. 22 and at that time the Commonwealth recommended that the charge of criminal abuse in the first degree be amended to criminal facilitation to commit criminal abuse in the first degree, which is a class A misdemeanor. A sentence of 60 days in jail was recommended, according to Monroe County Circuit Court records.
An additional sentence of three years was recommended for the drug charges against Graves.
According to court records, he is to serve 60 days with the remainder of the sentence to be diverted for five years.
The sentences will run concurrently. After serving 60 days, Graves will enroll in a drug court program, according to court records.
The alleged child abuse act occurred in April 2007 while the boy was visiting his father and Starks at Graves’ home, along with his older siblings.
After the 5-year-old and his siblings returned from the visit, his mother, Emily Milam Moore, of Tompkinsville, said she noticed the bruises on her son’s back and right leg.
Moore said she contacted the state police who recommended she take her son to the Monroe County Medical Center. There a social worker documented the case, according to court records.
Graves’ arrest came after Kentucky State Police Trooper Michael Dubree and Misty Morgan, a social worker with the Kentucky Cabinet for Health and Families, went to his home to question him about allegations that someone beat his 5-year-old son.
