TRUMBULL COUNTY Conviction reversal likely to be appealed

If the prosecutor does appeal, it will be up to the state Supreme Court to determine if the case should be heard.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- The state Supreme Court may soon decide if a man twice-convicted of rape will get a third trial.
Prosecutor Dennis Watkins said Thursday that he will likely appeal the 11th District Court of Appeals ruling reversing Steven Henderson's conviction and remanding the case back to Trumbull County Common Pleas Court.
The prosecutor's office has 45 days to make the decision, Watkins said.
Sarah Kovoor, a former assistant Trumbull County prosecutor now in private practice who handled Henderson's case, said she is hoping the prosecutor's office does appeal.
If the office decides to appeal it will up to the state Supreme Court to determine if the case should be heard.
If the state court refuses to hear the appeal, the case will be sent back to Trumbull County and the prosecutor will have to decide to either offer Henderson a plea agreement or go to trial.
Previous convictions
Henderson, 34, of Warren, was convicted twice of raping an 11-year-old girl.
The 11th District court issued a 12-page ruling Monday stating that Henderson deserved a new trial because of ineffective assistance of counsel. Henderson was represented in his second trial by Atty. Greg Robey of Cleveland. Robey could not be reached to comment.
Henderson is serving life in prison with parole eligibility after 10 years.
The ruling notes that Robey was ineffective because he did not call the doctor who examined the victim to testify.
This is the second time the appeals court has reversed Henderson's conviction.
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 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 the 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.
sinkovich@vindy.com