COMMENT: A man on trial for fifty counts of rape has been cleared after the girl he allegedly assaulted recanted on the stand and denied that any penetration occurred.
A previous story on this case reported: "Kelly Morrison, a nurse at a child-abuse center operated by Licking Memorial Hospital known as Kids Place, took the witness stand to explain why she diagnosed the girl as a sexual-abuse victim. Under questioning by Bond and defense attorney Kristin Burkett, Morrison said a child might recant because she is, indeed, lying or for deeper reasons. 'There could be love involved; there could be fear involved,' she said."
Indeed, a recantation might be false, but as shown by the state's own witness, a recantation might just mean the child was lying in the first place. So how does the state proceed in the face of this uncertainty? Why does the state try to explain away her recantation -- to roll the dice with a presumed innocent man's life? Just to get a conviction?
Man cleared of charges in rape case
NEWARK -- A jury has cleared a Newark man of all remaining sex charges at the conclusion of a two-day trial.
After about two hours of deliberations, all 12 jurors returned not-guilty verdicts on all five counts of third-degree felony gross sexual imposition against Kevin A. Hunt, 28.
Five counts of rape, a first-degree felony, were thrown out by Common Pleas Judge Thomas Marcelain upon a motion by defense counselors Erin McEnaney and Kristin Burkett after the state rested its case Thursday morning.
One of the rape counts carried a mandatory sentence of 15 years to life because the accuser was younger than 10 at the time.
During the trial, the state, represented by Licking County Assistant Prosecutor Alice Bond, produced testimony from the accuser, who is younger than 13, her mother, her counselor, a nurse practitioner and investigators.
The girl originally had told investigators of as many as 50 incidents of sexual contact and conduct between her and Hunt.
However, on the stand Wednesday the girl lowered that figure to four and denied that any penetration, which is necessary for a rape charge, took place.
The state tried on multiple occasions to explain the girl's change of story as an internal conflict between telling the truth and wanting to protect the defendant.
Hunt, who has been in jail since July 8 in connection with the charges, took the stand on his own behalf and as his side's sole witness to call the allegations "disgusting" and to offer a possible motive on why his accuser would make up the story.
He also described his relationship with the girl and his interview with police.
"I didn't do this, so I couldn't offer a confession," he said of his interview with Newark police Detective Ken Ballantine.
Link: http://www.newarkadvocate.com/article/20090227/NEWS01/902270322
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2 comments:
"Why does the state try to explain away her recantation.."
Warren Farrell said it best: "We are least likely to believe women when they say they have not been abused" (or raped, or whatever).
As you guys know, in at least some places in the U.S. they have the "no-drop" prosecution law - once a charge of rape has been filed, the woman is not allowed to withdraw the charge at some later time. (any woman who thinks she wasn't raped must have a 'false conscience'). This is truly an Orwellian state of affairs.
I followed the case the reason why the state tried to explain away the recantation is, She recanted the to the prosecutor at the meeting before the trial. The state is still continuing to back peddle to cover their mistakes in this case. She accused him of rape 50 different times and she still had her hymen. This was a waste of tax payers money. They also had 3 reports made on the same day and all of them said things that were completely different. The report made to the nurse was different than the 3 older reports.
The nurse said it's possible to have a hymen after giving birth!!!! The state whitenesses even said they asked leading questions. Detective Ballentine of 22 years said the reason why he didn't take pictures of the alleged crime scene was he forgot to. The question I have is how could the state allow is to go this far?
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