Clyde boy found guilty in rape trial

FREMONT One boy was set free while another could serve time after being convicted in the January rape and kidnapping
May 24, 2010



One boy was set free while another could serve time after being convicted in the January rape and kidnapping of a 14-year-old girl.

Four 14-year-old boys were accused of taking part in theincident, which by all accounts began as innocent horseplay.

The other two boys are awaiting trials for charges of complicity to commit rape and kidnapping.

The first boy was sentenced Tuesday at the Sandusky County Juvenile Court, where he previously pleaded guilty to one felony count each of complicity to commit rape and kidnapping.

He will be on probation untilfurther notice from the court, pay restitution to the victim and attend sex offender treatment, saidSandusky County Juvenile/Probate Judge Brad Culbert.

“You are definitely much different from the other youths,” Culbert told him. “You used some excellent values to do the right thing. And I expect you’ll do well, and I’m sure I won’t see you again.”

The boy testified Monday in the two-day trial of the rapist, who was convicted Tuesday of one felony count each of rape and kidnapping.

The victim and her mother said they were grateful the boy told the truth.

“We were glad from the beginning that he stepped up to the plate and admitted he was wrong,” the victim’s mother said. “We knew he was remorseful.”

The boy and victim cried and hugged after the sentencing, and he expressed regret for holding her down while she was raped.

“I’m sorry for what I did to you,” he said, while handcuffed and dressed in an orange jumpsuit. “I should’ve stopped it.”

During his testimony Tuesday the second boy offered an apology, while at the same time denying he raped the girl.

“I would just like to apologize to (the girl) and her family,” he said. “But I don’t think it’s right that I’m accused of a crime that I didn’t do.”

On cross examination, Sandusky County assistant prosecutor Norman Solze asked the boy why he wanted to apologize if he felt he did nothing wrong.

“I feel like I have nothing to apologize for that (incident),” the boy said.

He claimed the girl was flirting with him and encouraged him to touch her, but he repeatedly said he did not rape her.

In closing statements, Solze said the girl repeatedly said, “No,” and that should have been enough for the boy to stop.

“What does ‘No’ mean?” Solze said. “The law is ‘No’ is ‘No.’”

“There are many parts in (the boy’s) testimony that I can’t believe,” Culbert said. “He did engage in vaginal penetration, and I have no doubt about that at all.”

With his conviction, the boy could face a minimum of one year to age 21 in the Ohio Department of Youth Services and pay $1,200-$1,500 in fines. Another option could be five to 12 months at the Northern Ohio Juvenile Community Corrections Facility in Sandusky, where he would receive sex offender treatment. He is being held at the Sandusky County Juvenile Detention Center while he awaits his sentencing.

Defense attorney Chris Marcinko said he plans to appeal the conviction.

“Penalties that can range into adulthood shouldn’t be imposed upon juveniles unless juveniles are afforded all the constitutional rights they would have as adults,” Marcinko said. The boy’s case was heard by a judge instead of a jury, as would have been his right in an adult trial.