New Springfield man’s rape case goes to Mahoning jury

YOUNGSTOWN — A New Springfield man will soon learn if a jury will find him guilty of raping a woman at a party in July 2008.

James Boggs, of Macklin Road, is on trial before Judge James C. Evans of Mahoning County Common Pleas Court on rape charges. Closing arguments were heard by a jury of six men and six women, who began deliberating Wednesday afternoon. He was 32 when he was indicted in January.

The state contends that Boggs was at a party attended by dozens of people including the accuser and her husband.

According to prosecutors, the woman had gotten drunk and went to the basement of the house where the party was and passed out. Boggs, the state says, went to the basement, took the unconscious woman behind a curtain and sexually assaulted her on a table.

A man attending the party walked in on the act, making Boggs discontinue his assault on the woman, prosecutors say.

During her summation, Natasha Frenchko, an assistant county prosecutor, called Boggs at outright liar concerning his earlier testimony in the case.

Frenchko reminded jurors the woman testified that she felt someone having sex with her and did not know who it was until she turned around. Frenchko reminded jurors the woman identified Boggs as the man who assaulted her.

Frenchko told jurors that it is important to note that everyone attending the party knew the woman was passed out from drinking and resting in the home’s basement.

The prosecutor said one man testified that he walked in the basement and witnessed Boggs with his pants down and the woman on a table also with her pants down.

Atty. Martin Yavorcik, representing Boggs, said the case comes down to a matter of reasonable doubt on the behalf of Boggs.

“This case comes down to two things — unbelievable circumstances coupled with a bad investigation — and those two things equal reasonable doubt,” he said.

According to Yavorcik, the accuser had been caught “red-handed” having sex with Boggs by a guest at the party while the woman’s husband was upstairs, leading to the allegations of rape.

Yavorcik said the actions of the witness who walked in on the act help show Boggs is innocent. He said the person who walked in on the sex act did not try to detain Boggs or alert others at the party but simply sat and had a conversation with the woman.

Yavorcik questioned the investigation conducted by police, saying officers took only three witness statements out of the 50 to 100 people at the party. He said officers did not check to see if anyone heard or saw anything contrary to what the three witnesses said.

jgoodwin@vindy.com