Rape conviction, sentence upheld

A rapist’s trial and sentencing were proper, the appeals court ruled.

STAFF REPORT

YOUNGSTOWN — The 7th District Court of Appeals has upheld the conviction and 78-year prison sentence of Michael Bell, who was dubbed by police “the South Side rapist.”

In November 2006, Judge R. Scott Krichbaum of Mahoning County Common Pleas Court imposed maximum consecutive sentences on Bell, 22, of Hudson Avenue.

Judge Krichbaum imposed the prison time after a jury convicted Bell of attacking, restraining and raping three women and breaking into a house and attempting to rape a fourth woman during the previous year.

“The state presented competent, credible evidence going to all elements of each offense,” the appeals court ruled. The defendant consented to provide a cheek swab for DNA analysis; the DNA evidence was “overwhelming” and jury instructions were proper, the appellate panel said.

In its recent decision, the appeals panel rejected Bell’s 11 claims of legal or procedural error, including a claim that Judge Krichbaum should have merged the sentences for multiple crimes.

Bell was convicted of all eight counts he was charged with three counts each of rape and kidnapping and one count each of aggravated burglary and attempted rape.

The appeals court decision was written by Judge Gene Donofrio, with Judge Cheryl L. Waite concurring.

Judge Mary DeGenaro concurred with her colleagues on all but one issue, dissenting only on one item by saying she believed the kidnapping and rape sentences pertaining to two of the victims should have merged.