MAHONING COUNTY Witnesses testify about girl's behavior

The defendant could be sentenced to life in prison if he is found guilty.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Witnesses say the little girl who accused David Dale Byers of repeatedly raping her was flirty and frequently acted older than her young age.
Byers, 34, of Poland, is on trial in Mahoning County Common Pleas Court, charged with multiple counts of rape. If he is convicted of any of the counts, he could be sentenced to life in prison.
The victim, a girl Byers knew, testified last week that Byers often made her drink wine coolers and watch pornographic movies with him, and then made her perform oral sex on him. She said the events took place at Byers' house in 2001.
Byers has denied the allegations.
Defendant's testimony
On the witness stand Friday, Byers admitted having pornographic movies at his home, but denied ever watching them with children. Byers said the films were to "spice up" the sexual relationship between him and his wife, from whom he is now divorced.
Byers said he first met the girl when she was 6 and that she was known to make sexual motions against furniture, baby dolls and boys. The girl was 10 at the time the reported assaults by Byers took place.
Defense attorney John F. Shultz also called Byers' mother, Mary Belchyk of Struthers, and several of Byers' friends to the witness stand Friday.
Each of them said they knew the little girl and described her as one who dressed provocatively, even at such a young age. They said the victim wore tight pants, short skirts and tops that bared her midriff.
"She wanted to be noticed," said Eric Prest of Struthers, Byers' brother-in-law. "She always wanted boys to notice her."
Remarks heard
Clyde Hazlett Jr. of Struthers, a friend of Byers', said he once overheard the girl making sexual remarks to his own son while the two were among a group of children playing in Byers' yard.
Others, including Byers, testified that the girl had previously allowed an elderly man to fondle her in exchange for money. No one ever reported that to police, though, Byers said.
Upon cross-examination by assistant prosecutor Dawn Krueger, each of the witnesses said they knew the victim was a child at the time the reported offenses took place.
The trial is to continue Monday in the courtroom of Judge Robert Lisotto. Byers is expected to be back on the witness stand to complete his testimony, after which the jury of 10 women and two men will hear closing arguments.
bjackson@vindy.com