Child-rape suspect free pending new trial

Photo

George Berendt

STAFF REPORT

YOUNGSTOWN — After a judge declared a mistrial, a West Side man charged with raping a 6-year-old girl is free on his own recognizance pending his new trial on a single rape count.

On Wednesday, Judge Timothy E. Franken of Mahoning County Common Pleas Court released George Berendt, 36, of Millet Avenue, to reside with his mother on Russell Avenue. The judge ordered Berendt to have no contact with the accuser and to stay away from the Millet Avenue area.

Berendt, who had previously been jailed under $200,000 bond, faces a potential life sentence if convicted of assaulting the girl April 14 in his residence.

Judge Franken said he was forced to stop the trial in its second day Tuesday because defense lawyer George Kafantaris was not effectively representing Berendt.

The judge scolded Kafantaris for being late for court and not following his instructions and fined Kafantaris $250 for contempt of court.

Judge Franken repeatedly told Kafantaris he was improperly questioning prosecution witnesses about documents written by someone else.

“You have been totally out of bounds since this thing started. You do not listen or you ignore what I say, and for me to have to constantly stop you and to criticize you in front of the jury does not help your client,” Judge Franken told Kafantaris.

Kafantaris said after court, however, that he believes it is appropriate to ask a children services caseworker whether he or she has read a medical or police report in the case file.

Kafantaris said he will likely appeal because he believes Judge Franken made legal and procedural errors.

The case was being prosecuted by Dawn Cantalamessa and Natasha Frenchko, assistant county prosecutors.