A Marshall County jury on Tuesday cleared John Freeman of allegations that he inappropriately touched a waitress at a Moundsville business.

After deliberating for just under an hour, jurors delivered the innocent verdict in the one-day trial. Freeman, a convicted felon who is currently incarcerated, was being tried for one count of first-degree sexual abuse for a November 2007 incident in which he was accused of inappropriately touching a female worker at Mitchell's Cafe in Moundsville. He also has been accused of sexual abuse other cases.

In their opening statements, Marshall County Assistant Prosecutor Stephen Taylor and defense attorney Keith Hart both asked the jury to consider the testimony from the alleged victim. While Taylor said the testimony would show that the defendant did commit the offense, Hart asked them to consider the alleged victim's actions after the alleged assault.

"There's an old saying that applies to this case," Hart told the jury. "Actions speak louder than words."

What he was referring to was the fact that the alleged victim did not report the incident to police. She testified that she told her managers the next day about the assault, and they were the ones who called police.

"I didn't know if (the police) could do anything because there were no cameras back there," the woman testified.

She also admitted she was scared at the time and wasn't sure whether what Freeman had done was a crime.

Taylor showed the jury video of surveillance footage shot that night. In the video, Freeman is seen sitting at the bar, watching the woman as she worked in the area and, later, talking to her. At one point, the woman leaves the camera's view to clean the restrooms and Freeman follows. While Freeman remained out of the picture, the woman returned to the bar area twice on the video, getting supplies to take back to the restroom. She testified that after she returned to the restroom the third time, Freeman assaulted her.

"I was trying to get out of the bathroom, and that's when he grabbed (her body) and wouldn't let me out," the woman said.

About 90 seconds later, after the alleged assault, the woman returned to the camera view and could be seen cleaning the area. Freeman then returned into view, and the video shows the two talking. The woman claims Freeman was asking if he could return for her when she was done. After Freeman eventually left, the video shows the woman talking on the phone to her boyfriend.

During cross-examination, Hart asked the woman, "What part of being touched (on her body) wasn't a crime?"

She replied, "I don't know."

In closing arguments, both attorneys reviewed the woman's testimony.

Taylor said the woman's sworn statements in court were the same as the ones she gave police one year ago. He also pointed out that the woman, who now lives in Pennsylvania, returned to Marshall County to testify and wouldn't do so for a bogus claim.

"Why in God's name would a girl, who doesn't know anyone in Moundsville, pick Mr. Freeman out of a hat to make sex allegations?" Taylor asked. "You have to decide whether it is believable or not."

Hart pointed out that the woman works for a day care center and, because of that, is mandated to report sexual abuse.

"And she didn't know that what happened was a crime," Hart told the jury.

Hart also pointed out to the jury that there are 90 seconds of surveillance footage in which the woman and Freeman are off camera, and that when she returned into view she didn't appear frightened.

"We don't know what happened in those 90 seconds ... ," Hart said. "What happened was not the attack she described. The actions of (the woman) speak louder than words."

Freeman, whose age was not provided, still faces 10 counts of sexual abuse by a parent, guardian or custodian, 10 counts of first-degree sexual abuse and one count of display of obscene material to a minor as a result of other alleged offenses in Marshall County. Those cases will be re-visited Nov. 13.

In 2006, Freeman was convicted of one count of breaking and entering in Brooke County. He remains in the St. Mary's Correctional Center.