Lock your doors

Hide your daughters; sexual offender back on street after short prison stint
Alex Green
Jul 7, 2014

 

green@oc-register.com

Ottawa County Prosecutor Mark Mulligan is maintaining a wall of silence between his office and questions about decisions he's made in a number of court cases, including the arrests of hotel employees on Put-in-Bay to plea deals that caught victims of violent crime off guard when the details of sentencing recommendations were reported.  

McClain Durst, who has a history of sexual criminal behavior allegedly raped a teenager in his car earlier this year. He was convicted on a misdemeanor contributing charge in March and is set to be released from prison later this week.

Meanwhile, charges are pending against two Put-in-Bay Resort employees arrested in September after a strange incident involving Mulligan. A PIB police officer charged the employees with obstruction after telling them he'd been authorized by Mulligan to make the arrests if they refused to talk with him. 

PIB police Chief Ric Lampela and island Mayor Margaret Scarpelli ditched a hearing related to the arrests scheduled last week in Ottawa County Municipal Court that Judge Frederick 'Fritz' Hany ordered them to attend. It's unclear whether the hearing was re-scheduled or if any action was taken after the mayor and chief missed the court hearing. 

No shows 

The owners of PIB Resort said Lampela has targeted the hotel and other businesses over the years. It's not clear whether the PIB Village Council has reviewed the complaints from hotel owners about mistreatment from the police department.

Original post, July 4, 2014, noon: 

Mark Mulligan refuses to talk about a convicted sexual offender set to be released from prison one week from today.

McClain Durst, 25, of Sandusky, spent just four months in Mansfield's Richland Correctional Institution for his role in an alleged rape of a teen in Oak Harbor earlier this year.

Mulligan also declined to answer questions or make a comment about Durst back in May. He also has not allowed anyone from the Ottawa County prosecutor's office to comment. 

Durst, who has a history of sexual misconduct against teenage girls, was charged in March with contributing to the unruliness of a minor, a misdemeanor.

It's unclear why Durst was charged with a misdemeanor before his DNA was ever collected, and Mulligan dodged questions from the Register again Thursday.

According to an Ottawa County sheriff's investigative report, Durst was charged for his repeated contact with the victim.

In early February, Ottawa County deputies caught wind of the latest incident, after the victim’s friends told a school resource officer that the teenager said Durst raped her. The officer contacted Oak Harbor police, who in turn asked deputies to investigate.

Ottawa County Detective Amy Gloor investigated the case, conducted several interviews and gathered a variety of evidence that show Durst had been communicating with the victim for some time.

"He wasn't supposed to be talking with minors at all," Gloor said in May.

Seminal fluid was found on the victim's garments, according to the report, although Durst's DNA was never collected.

Durst told Gloor an examination of the garments would not find any seminal fluid, according to the report.

Gloor continued to gather evidence but she was forced to take an extended sick leave as the investigation was pending.

With Gloor on leave, Mulligan struck the deal with Durst in early March, according to the report. Gloor said she came back to work about two months later to find the case closed.

Gloor was not critical of Mulligan, but she suggested the decision seemed odd.

"It's not the normal way an investigation (goes)," Gloor said in May.

The victim said Durst had been "snap chatting" her — referring to a social media and photo-sharing application in which photos disappear a few seconds after users send them.

She said she did not know Durst before the “snap chats.” She told deputies she was “kind of” dating Durst for a brief time, although she pointed out that the relationship was not sexual. 

Durst proceeded to follow the girl places, the victim told Gloor, and one night followed her to a gas station after work.

He asked the her to get in his car because it was cold. She agreed because she was not skeptical of him at the time, the report said.

The teenager said Durst then forcibly raped her in the vehicle, the report said.

Durst will be released from prison July 11, according to a Ohio Department of Rehabilitation and Correction spokeswoman.

He will spend an undetermined amount of time on post-release control, she said.

Durst’s first prison stint stemmed from sex crimes in Sandusky and Seneca counties. About four years ago, he was indicted in Sandusky County on three counts of unlawful sexual conduct with a minor and, in Seneca County, one count of the same offense. 

He was sentenced to 52 months in prison. He started his sentence on Jan. 29, 2010, and was released on parole on June 21, 2013 — about 11 months early, according to the Ohio Department of Rehabilitation and Corrections. 

Comments

Jaqdup

I am so glad I don't live in Ottawa County. That Mulligan is a real piece of work. Wonder how he would feel and what he would do if it had been his daughter, niece or some other female family member this happened to. There is also an article regarding him about some shenanigans on Put-In-Bay but, they aren't allowing comments on that article. Why is that??

Babo

There was also another article about the alleged serial druggings at PIB bars that is still available but no longer appears on the index. See http://www.sanduskyregister.com/...

Maybe the drug and sex industries are important constituencies in Ottawa County and give generously to politicians such as Redfern and the Democratic party to obtain protection.

Babo

Durst served a prison sentence from 2010 to 2013. Thus his DNA sample was taken at that time and placed in the state data bank. Seminal fluid contains cellular material from which DNA could be extracted and tested against the state data bank. Thus there was no need to obtain another sample from him as the State already had his sample from prison and could compare those results to the seminal fluid DNA test results for a match. The Sheriff should explain why a thorough investigation was not done and why he didn't assign another detective to the case during Gloor's sick leave.

Mulligan by only charging him with a misdemeanor while no law enforcement officer or advocate including his office's victims' advocate was paying attention, ensured he would only serve very limited prison time for violating his probation from his prior prison sentence. Why did Mulligan do such a big favor for this serial sex offender?

This case is an outrage and underscores the lack of seriousness with which Oak Harbor schools, Oak Harbor police, and the Ottawa County Sheriff in addition to Mark Mulligan and his so called victims advocate take sex crimes against minors. This girl had no one advocating for her as all the government agencies and employees with duties to protect her dropped the ball and let Mulligan negotiate this misdemeanor plea.

LookingDown

OK...you would think that but even after a match throw the prison on DNA the police still have to get a supenia and get DNA from the subject again just to prove that it is his. Real world isn't like CSI! I wish it was!

Babo

A match to the DNA database maintained by the State of Ohio has been sufficient to indict men for murders and rapes in some cases committed over 20 years ago. Cuyahoga County's prosecutor has even indicted unknown John Does based on the DNA profile alone.

In this case the State had a semen sample collected from the victim and the known DNA profile of Durst in the State database. All the Sheriff had to do was request a test of the semen sample compared to the state database. When it comes back as a match, the Sheriff could have the victim press a rape charge in Muny Court. That would force Mulligan to present the case to the grand jury.

LookingDown

It matches them! You still have to go and get a judges order and get another. Believe I know.... Its my job to!

Babo

Any competent LEO would obtain the sample upon arrest as the match to the data base would give probable cause to make the arrest.

Are we not saying the same thing? A rape case was not hard to build on the facts of the case if someone would have cared.

GoBigLex2001

Mark Mulligan is a piece of crap of the highest order. I would love to see him disbarred and behind bars at some point in life. Whose pocket is he in? Certainly not for the citizens.

Justwow

Moderators have removed this comment because it contained Profane, obscene, sexual or derogatory language.

Wald

Mulligan's motto seems to be "The less work I have to do, the better".

Julie R.

I do so think this "sociopathic egomaniac" prosecutor Mark Mulligan needs to be kicked to the curb. (I'm still laughing over that description --- that was priceless!)

Unassumer

Is his mom, dad, grandma or grandpa in any way associated with the court, police or other law enforcement? Because if so, he will never be prosecuted for a thing. There is a certain woman in PC that gets off of every offense she commits because her grandma was married to a judge (now deceased). It happens here frequently. Lots of corruption in this town and Ottawa County apparently. I bet there are many other cases that could be questioned as well.

LookingDown

Her name? Not like we will know who really gave it!

Mr. D

We are waiting....give us names...you say "it happens here frequently. " Fill us in!

Babo

There's a pattern developing in Ottawa County wherein serious drug and sex crimes do not appear to be taken seriously IF the perpetrators are politically connected in some ways.

Below are links to a series of stories about PIB that were recently published but do not appear in the index as available.

The population of Ottawa County explodes in the summer time and brings with it the types of crimes from larger urban environments. It appears that either the resources, skill set and or will does not exist in Ottawa County among law enforcement to properly investigate and prosecute these crimes.

Drugged Unconscious stories:

Drugged unconscious published 7-6-14
http://www.sanduskyregister.com/...

Another drugging reported originally published 7-3-14
http://www.sanduskyregister.com/...

Five claimed they were drugged
http://www.sanduskyregister.com/...