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Updated: 3:40 p.m. Monday, Sept. 17, 2012 | Posted: 1:24 p.m. Monday, Sept. 17, 2012

Trial begins for former Wheeling police officer charged with sex crimes

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By Josh Eachus and  NEWS9

OHIO COUNTY, W.Va. —

The first of three trials started on Monday for a former Wheeling police officer accused of sexual abuse.

Matthew Kotson is charged with four counts of first-degree sexual abuse, two counts of second-degree sexual assault and one count of burglary.

Senior Judge Arthur Recht is presiding over the trial, which started just after 8:30 a.m. at the Ohio County Courthouse. A jury was seated on Friday.

The trial is the first of three trials for Kotson. This trial will address Counts 1 and 2 of the indictment, which are both first-degree sexual abuse.

Kotson was arrested in November 2011 by West Virginia State Police. Days later, he was fired from the Wheeling Police Department by City Manager Robert Herron. The city said Kotson's termination had nothing to do with the charges he faces.

On Monday, Recht explained to the jury how the trial would work, then Recht turned things over to special prosecutor David Cross of Hancock County for Cross' opening statement.

"Ladies and gentlemen, this case is about the man who wouldn't take no for an answer. The gentlemen I'm talking about is the man seated behind me, Matthew Kotson," Cross said.

During his opening remarks, defense attorney Robert McCoid said, "All Matthew Kotson is responsible for is taking (the victim) for her word. She says they broke up a month before these events were alleged to have happened and said, 'I would like to continue to maintain a physical relationship with you from time to time.' What young people I think call 'friends with benefits.'"

After McCoid's opening statement, the first witness, who is one of Kotson's alleged victims, testified. The woman gave her account of what happened on Thanksgiving morning in 2011.

"He just grabbed me and pulled me on top of him," she said. When Cross asked if she tried to get away from Kotson, the woman said, "Yes. I couldn't because he had his legs up and they were somehow wrapped or positioned to where I couldn't move my legs."

During the defense's cross-examination, McCoid said what the woman testified to didn't reflect what was told to police in her statement. McCoid also said the woman sent Kotson mixed messages.

"The evidence is going to show that she said, 'No, I don't have time. No, I don't have time,'" McCoid said.

Since the case began, there have been numerous twists and turns. Kotson has changed attorneys, one count in the case was dismissed and the defense wanted Recht to be taken off the case.

Kotson's other two trials from alleged victims known as Accusers No. 2 and No. 4 will be held at a later time.

Stay with NEWS9, WTOV9.com and WTOV9 Mobile for continuing coverage.

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