MAHONING COUNTY Man gets 10 years for rape of teenage girl
Bandy also was labeled a sexually oriented offender.
YOUNGSTOWN -- Eddie L. Bandy maintained his innocence at his sentencing hearing and said he will appeal his rape conviction.
Judge R. Scott Krichbaum of Mahoning County Common Pleas Court sentenced Bandy, 39, of West Chalmers Avenue to the maximum sentence of 10 years in prison Monday.
A jury heard testimony over four days last week before finding Bandy guilty Friday afternoon of raping a 14-year-old girl in a South Side park in October 2000.
When Judge Krichbaum asked Bandy if he had anything to say before sentencing, Bandy said, "I'm sorry for what happened to that lady, and I will fight for my innocence."
Bandy's lawyer, John B. Juhasz, asked the court to give Bandy the less-than-maximum sentence, saying his client has no prior convictions for sexual assault. Bandy does have four prior convictions, including ones for aggravated burglary and receiving stolen property, dating back to 1984.
Juhasz will file Bandy's appeal notice with the 7th District Court of Appeals. Judge Krichbaum said he would appoint another lawyer to handle the appeal.
Judge Krichbaum said the viciousness of the crime called for the maximum sentence.
"You stalked, beat and raped a 14-year-old baby," Judge Krichbaum said, adding that Bandy was the "big, bad wolf"' that stole the victim's innocence.
DNA evidence
The judge added he was glad the DNA evidence in the case was able to do what the girl couldn't do because of the trauma of the experience, which was to identify Bandy as the rapist.
The judge also chastised Bandy for not showing any real remorse for the crime, and for giving an interview to The Vindicator in December claiming he was being treated unfairly because his trial had been repeatedly delayed.
Bandy has been in the county jail since October 2001, and he will receive credit for the 1,250 days he has spent there awaiting trial. That means Bandy actually will serve about 6 1/2 years in prison.
The judge went through the docket entries on the case and said that either Bandy or his defense lawyer had requested 19 postponements since the case was first set for trial in December 2001. Many of the postponements dealt with defense motions to suppress evidence and for DNA testing.
The case is one of the oldest criminal matters on the judge's docket, but he said he granted the postponements to ensure Bandy would receive a fair trial.
The judge added that for Bandy to continue to proclaim his innocence in the face of overwhelming DNA evidence, including samples of blood Bandy voluntary provided, "is an offense to me."
Maximum sentence sought
Dawn Krueger, an assistant county prosecutor, said the victim and her family declined to speak before sentencing.
Krueger said Bandy should receive the maximum sentence because of his past criminal record and the fact that he raped the girl while he was on parole.
She also made a motion, which was granted by Judge Krichbaum, that Bandy be labeled a sexually oriented offender, which requires him to register with the sheriff in whatever county he lives once he's released from prison.
Krueger said the labeling also prevents Bandy from living within 1,000 feet of any school.
Joellen Lyons, public information officer with the Ohio Department of Rehabilitation and Corrections, said when Bandy serves his full sentence, he will be on parole for five years.