WARREN Judge erred in labeling convict a sexual predator, court rules
A new hearing will be set in about a month, the defense attorney said.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- The 11th District Court of Appeals has ordered a lower court judge to have another hearing to determine if a 30-year-old former peewee football coach, who admitted raping an 8-year-old boy, should be labeled a sexual predator.
The appeals court ruled Monday that Judge John Stuard of Trumbull County Common Pleas Court erred when he ruled that Michael J. Naples Jr., formerly of Bell-Wick Road, Hubbard Township, is a sexual predator.
Naples, who pleaded guilty in June 2000 to two counts of rape, is serving 11 years in prison.
Atty. Maridee Costanzo, who represents Naples, said the new hearing will be in about a month.
"I'm pleased, and my client is pleased," Costanzo said.
Atty. Thomas Wrenn, an assistant county prosecutor who handled the case, said he has not read the appellate court ruling and could not comment.
Ruling: The decision says that Judge Stuard "did not discuss the reasoning behind [his] determination, and failed to provide even a general discussion" of the factors he used to reach the decision.
The ruling further noted that the trial court is required to provide a general discussion of the factors so the ruling can be properly reviewed for purposes of appeal.
If Naples is found to be a sexual predator, and after his release from prison, he will have to register with the sheriff's department in the community in which he lives every 90 days for the rest of his life.
Sexual predators are required to tell the sheriff's department where they live and the sheriff's department will then notify the neighbors.
What happened: Wrenn said that Naples, who is single, raped the boy twice in February 2000. The boy had been staying the night at Naples' home when the rape took place, police officials said.
Detective Michael Begeot of the Hubbard Township Police Department said Naples coached the boy on the Hubbard Little Eagles team of 6- to 12-year-olds.
The judge ordered that Naples receive five years in prison on the first count of rape and six years in prison on the second count. The judge ordered the sentences to be served consecutively.
sinkovich@vindy.com