MAHONING COUNTY Judge finds man fit for trial in rapes of two children

The defense can ask for a second evaluation.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A West Wood Street man accused of raping two young girls has been found competent to stand trial.
His lawyer isn't sure whether he'll ask for a second evaluation.
Wayne A. Castle Jr., 22, faces six counts each of rape and gross sexual imposition. Authorities said he raped two Williamson Avenue girls, ages 3 and 7, and that he confessed in a nine-page statement.
Defense attorney John B. Juhasz filed a motion in January suggesting that Castle may be mentally incompetent to stand trial. He also filed a written motion of innocent by reason of insanity for Castle.
Judge James C. Evans ordered a psychiatric examination for Castle, the results of which were recently received by the judge and lawyers. The examination showed Castle was sane at the time of the offenses and that he is competent to assist in preparing his defense.
Charged twice?
Juhasz can ask for a second evaluation, but said he first wants to know whether he is dealing with one criminal indictment against Castle, or two. The first indictment, handed up by a grand jury in November 2003, said Castle could be sentenced to life in prison if he is convicted of the rape counts. However, it does not contain mandatory language in the text alleging that Castle used force or threat of force to commit the crimes.
That language is required before a life sentence can be considered.
Assistant Prosecutor Dawn Krueger sought a new indictment in March, this time with the proper terminology.
Juhasz said he believes the state should dismiss the original indictment, but Krueger said she doesn't believe that is necessary. She said both indictments should be allowed to stand until Castle is convicted under one of them.
Judge Evans gave Krueger one week to submit her legal argument to him in writing, after which Juhasz will have a week to file his written response. A hearing will then be scheduled for the lawyers to argue the motion. A trial date has not been set.
bjackson@vindy.com