Prosecution plans more DNA testing

A jury found him innocent of one count of rape but could reach no verdict on the second rape count.

STAFF REPORT

WARREN — Prosecutors are seeking additional DNA evidence against a Champion man accused of raping an underage family member several years ago.

Martin Warren, 60, of Champion, had been charged with two counts of rape in an incident involving a 13-year-old female relative Jan. 28, 2006, in the basement of Warren’s Cleveland Avenue home. A jury found him innocent of one count of rape but could reach no verdict on the second rape count.

The Trumbull County Prosecutor’s Office filed a notice with Common Pleas Judge Peter Kontos notifying the court and Warren’s defense team that the prosecution intends to do additional DNA testing on evidence in the case.

“Such testing will consume the evidence,” the notice said.

A motion hearing based on the state’s notice to do additional testing has been set for Feb. 13.

Warren is free on $100,000 bond.

The Ohio Bureau of Criminal Identification and Investigation, during the first trial, said the chances that DNA found on the girl’s clothing were from anyone but Warren were 1 in 4 quintrillion.

In the girl’s testimony, heard in the courtroom of Judge Kontos earlier this month, she said she didn’t know whether Warren committed one of the rape charges — the one for which he was found innocent — but was “pretty sure” he committed the other — for which the jury was undecided.

The young girl described a Saturday three years ago when she went to the basement to help Warren with a computer game, teased him in a way that was common to them, and then found him kissing her and removing part of her clothes and his clothes.

After a couple of minutes in which the girl says some sort of offense occurred, the girl was able to get away and ran to a gas station to call her grandmother for help.