YOUNGSTOWN Poland man is acquitted of rape

The Poland man could have gone to prison for life had he been convicted.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- David Dale Byers buried his face in his hands and cried loudly the first time he heard Judge Maureen A. Cronin say the words, "Not guilty."
The judge repeated those words 11 more times. At one point her voice was nearly drowned out by Byers' sobbing.
Byers, 34, of Poland, had been on trial in Mahoning County Common Pleas Court, charged with 12 counts of rape. He was accused of forcing a 10-year-old girl to perform oral sex after he'd made her drink wine coolers and watch pornographic videos with him in 2001.
If he had been convicted of any of the counts, Byers could have been sentenced to prison for the rest of his life. Instead, he was allowed to leave the courthouse a free man with his mother, siblings and friends.
It took the jury less than 45 minutes to reach its verdicts after a trial that spanned three weeks.
"I was shocked," said assistant prosecutor Dawn Krueger. "Shocked at the verdicts and shocked at how little time it took."
Met with jury
Krueger and defense attorney John F. Shultz met with the jury after the verdict. Shultz said the jury simply did not believe the allegations against Byers, especially since there was no medical evidence or anything else to back them up.
"They believed that something happened to [the girl]. They just didn't believe there was enough evidence to point to the defendant," Krueger said.
Byers was overcome with emotion after the verdicts were announced. He expressed his thanks to the jury for clearing him and said he simply wanted to go home and be with his family.
Shultz said the verdict vindicated Byers in a case that he believes should never have gone to trial because it hadn't been fully investigated.
"They proceeded on unsubstantiated and uncorroborated accusations from a child without looking into her background," Shultz said. He said the accusations were proved untrue and unfair.
During testimony last week, defense witnesses portrayed the girl, who was related to Byers, as a flirtatious child who dressed provocatively and often made sexual remarks, even at such a young age.
They also said the girl had previously allowed another man to fondle her in exchange for money, even though that alleged conduct was never reported to police.
Byers admitted during the trial that he had pornographic movies at his home, including at least one that was about sex with children, but he denied ever watching the movies with children. He also denied ever having any sexual contact with the girl.
bjackson@vindy.com