Overholt pled guilty to seven counts (one for each victim), one count of Sodomy First Degree with a victim under the age of 12 and six counts of Sexual Abuse First Degree with a victim under the age of 12.
Overholt agreed to serve 35 years in prison with the right to appeal his confession made to Kentucky State Trooper Brad Bowles on January 30, where he admitted to the crimes and abuse of several children.
Overholt's attorney Stewart Wheeler said he feels his client was in custody at the time of the interview and should have been read his Miranda rights. Judge Tyler Gill ruled against Wheeler's motion to suppress the confession.
“We wouldn't be here pleading guilty if it were not for that confession,” Wheeler said during Thursday's proceedings.
The agreement also includes no further charges can be brought against Overholt concerning this case.
Overholt was originally charged earlier this year with 149 counts of sexual crimes against children under the age of 12 ranging from rape, sexual abuse, sodomy, unlawful transaction with a minor to engage in sexual activity and one count of incest.
Last week, Overholt was charged with another 12 counts of sex crimes on a separate victim under the age of 12, which was lumped in the agreement.
According to Guiling, Overholt could serve up to 29 years before being eligible for parole. She said the State Department of Corrections guidelines require in this type of offense that a person serve at least 85 percent of their sentence before becoming eligible for parole. However, a recent decision in the Supreme Court says anyone gets a chance for parole in 20 years.
“This is something Stewart and I have debated,” said Guiling. “At the very earliest, Mr. Overholt will not be getting out of jail until he is 64 years old.”
Overholt is now 44 years old.
Judge Gill asked Overholt if he had been treated unfairly by anyone during the process. He said he wanted to make sure Overholt was not pleading guilty because of something that was done to him or something that was said to him.
Overholt said he felt Trooper Brad Bowles kept “pressing” him during the interview on Jan. 30 wanting him to tell “more and more” saying, “it would go better on me if I did.” Overholt also said he didn't like the way his daughter was treated during the process and he was disappointed in the media coverage.
Judge Gill asked Overholt if anyone promised him anything in turn for his guilty plea. He said he was told the Commonwealth would not pursue charges against his wife Ruth, which made it more appealing to accept the plea agreement. Overholt did say, when questioned by Gill, that he still would have plead guilty even if that were not said.
Ruth Overholt ran a home daycare during the time her husband committed his crimes against children.
Guiling told the court “the Commonwealth had not altered its plans of what it was going to do before the agreement.”
“This has been a bad case for everyone involved,” said Wheeler. “There are no winners and there are no losers. I have spent more time on this case than I have in my 30 years of practice. It has haunted me. As hard as it sounds, Mr. Overholt is a very nice fellow.”
Wheeler said he felt the Commonwealth had done a very good job.
“This decision to go forward with the plea agreement was made by the Commonwealth and the parents of the victims. It was their desire not to put their children through any more than what they had already been through,” said Guiling adding, “It was an awful experience just having to hear what had happened to these children. I am honored to be part of the Commonwealth and to be able to see that so many victims could see justice done.”
Overholt is scheduled to be sentenced Friday, Nov. 7 at 9 a.m. The reason it will take this amount of time, said Gill, is because Overholt will undergo a sex offender risk assessment before being sentenced.
At the end of the hearing, Gill thanked the attorney's and acknowledged Overholt, saying he thought it “took courage to admit what he did.”
Gill said he has seen to many cases where defendants put victims through a trial which caused further damage.
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