2 new, separate trials ordered in child rape case

Staff report

YOUNGSTOWN

The 7th District Court of Appeals has ordered two new and separate trials for a man who was sentenced to five consecutive life prison terms plus 20 years after being convicted by a jury of raping two young boys.

In a 2-1 decision released Wednesday, appeals court Judges Mary DeGenaro and Gene Donofrio sent the case of Michael Kaufman, 42, of Berkshire Drive, back to the trial judge, R. Scott Krichbaum of Mahoning County Common Pleas Court, for the offenses against each boy to be tried separately.

Police said the crimes occurred in Mahoning County between 1995 and 2003, and the victims were both male relatives of Kaufman’s, who were between age 8 and 11.

Telling Kaufman, “You disgust me,” Judge Krichbaum imposed on him a life prison term on each of four rape counts and on a felonious-

sexual penetration charge March 24, 2008.

Judge Krichbaum also consecutively imposed the maximum prison sentence of five years on each of four gross-sexual-imposition counts for a total of 20 years.

“We find that Kaufman was prejudiced by the joinder of multiple victims, given the inflammatory nature of the offenses,” and the similarity of the alleged victims’ testimony, Judge DeGenaro wrote in the 46-page majority opinion.

“The defendant has not met his burden of establishing prejudice,” wrote Judge Joseph J. Vukovich, the presiding judge, in his two-page dissenting opinion. He wrote, “The evidence was direct and uncomplicated.”