WARREN Man convicted of rape twice to get 3rd trial

The 12-page ruling says a new trial is deserved because of ineffective assistance of counsel.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A 34-year-old city man, convicted twice of raping an 11-year-old girl, will soon get another new trial.
The 11th District Court of Appeals ruled Monday that Steven Henderson's conviction should be reversed and his case be remanded back to Trumbull County Common Pleas Court.
The 12-page ruling states that Henderson deserves a new trial because of ineffective assistance of counsel. Henderson was represented by Atty. Greg Robey of Cleveland, who could not be reached to comment.
Trumbull County Common Pleas Court officials did not know when a hearing date will be set. Henderson is serving life in prison with parole eligibility after 10 years.
Reason for ruling
The ruling notes that Robey was ineffective because he did not call the doctor who examined the victim to testify.
"In the context of this trial, where the only evidence of rape was the victim's testimony, expert opinion concerning the absence of physical findings showing sexual abuse was vitally important to an effective defense," the ruling states.
Atty. Karl R. Rissland, of Streetsboro, who represented Henderson on the appeal, also asked the court to reverse the conviction because of prosecutorial misconduct. The appeals court did not address that issue but states it had "serious concerns."
"In cases such as this one where there is no physical evidence to link the defendant to the crime, the prosecution has a duty to avoid prejudicing the jury through the introduction of hearsay or other inadmissible evidence," the ruling states. "If the state has doubts about the weight or sufficiency of its evidence, perhaps the prosecutor should re-evaluate the state's position. For our criminal justice system to be successful, a jury's verdict should reflect the quality of the presented evidence. A verdict should never be based on any impermissible emotional trappings or embellishments supplied by the prosecutor."
Atty. Sarah Kovoor, the assistant county prosecutor who handled the case, is now in private practice.
"I am surprised by the decision," Kovoor said. "The attorney who handled the case was privately retained, and he limits his practice to criminal defense."
This is the second time the appeals court has reversed Henderson's conviction.
Other trials
Henderson was first convicted of raping the girl in 1998. He was given the same sentence at that time. His conviction, however, was overturned by the 11th District Court of Appeals last year and he was released from prison on a $50,000 bond.
The appeals court judges cited ineffective counsel and prosecutorial misconduct in overturning that first conviction.
The victim, who is now 16, testified during the two trials that Henderson raped her in December 1997 when he was baby-sitting her and her 4-year-old brother. The girl did not report the rape for a year. She told officials that Henderson threatened to hurt her if she told anyone.
Defense attorneys said the girl fabricated the story, pointing out that an investigator with Trumbull County Children Services said the girl's brother was unable to corroborate the allegations.
sinkovich@vindy.com