YOUNGSTOWN Trial date set in child rape
YOUNGSTOWN -- Trial is scheduled for Oct. 30 in Mahoning County Common Pleas Court for a Howard Street man accused of raping a 6-year-old girl.
Kevin Brown's lawyer, Paul Conn, had filed a motion asking that the charge be dismissed, arguing that prosecutors took too long to bring Brown to trial.
Because Brown did not waive his constitutional right to a speedy trial, the state should have been made to drop the charges, Conn said.
Judge James C. Evans, however, ruled that the matter had been delayed at the request of Brown's first lawyer, Mark Lavelle, who needed the continuances because he was involved in a death-penalty murder trial last year in Trumbull County.
Prosecutors also have asked for delays while they wait for results of DNA tests, which is an allowable reason for continuance.
Judge Evans said he constructed his own timetable after reviewing case calendars that were submitted by both sides, and determined that Brown's speedy trial right was not violated.
Under Ohio law, a person must be brought to trial within 270 days of his or her arrest, unless he signs a waiver agreeing to extend that time. Conn says Brown did not sign such an agreement.
Judge Evans ruled that the various motions and continuances were allowable reasons for extending the statutory time and denied the motion to dismiss the charge.
Conn said he intends to appeal the ruling, though he's not sure whether that can be done immediately or must be done after the trial.
Brown, 45, was indicted in August 2001 on four counts of rape. He could be sentenced to life in prison if he's convicted of any count.