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After five years, rape case ended
YOUNGSTOWN
Judge Lou A. D’Apolito of Mahoning County Common Pleas Court has handed down a verdict that will put an end to a five-year-old rape case.
Carl Chaney, 53, of Hubbard Road, appeared before the court Wednesday for sentencing on four counts of rape. He had pleaded no contest to the charges in an Alford plea earlier this year, but even at sentencing maintained his innocence in the crime.
An Alford plea means that Chaney didn’t admit guilt but is acknowledging that the prosecution has evidence that likely could convince a judge or jury that he is guilty beyond a reasonable doubt.
Chaney had been accused of raping his former girlfriend in June 2007 and was convicted by a jury of those same counts in May 2008 and ordered to serve 10 years in prison, but the 7th District Court of Appeals ordered a new trial for Chaney, saying the prosecution made improper references in its cross- examination of Chaney, and in its closing argument, to Chaney’s refusal to give police a statement after his arrest.
Natasha Frenchko, an assistant county prosecutor, said the victim in the case refused to cooperate with the new trial or prosecutors assigned to the case.
“She did not want to participate in the re-trial. She did not want to be part of this process. She would not speak to anyone in our office directly. She wanted this resolved without her involvement,” said Frenchko. “We took everything into consideration in this matter... We did feel it was fair to extend this offer to his attorneys.”
In the agreement Chaney was to be sentenced to the nearly four years he already has spent behind bars in connection with the case. He also will be required to spend five years on probation and register as a sex offender for life.
Judge D’Apolito adopted the agreed-upon sentence Wednesday, saying that the resolution reached between prosecutors and defense attorneys is appropriate given the circumstances of the case.
Chaney did not offer any statements prior to the sentence being handed down against him, but Attorneys Katherine Rudzik and Holly Hanni, representing Chaney, said he still maintains his innocence, but wants to put the entire situation behind him.
“He has maintained his innocence throughout these proceedings. He has served nearly four years on this and wants nothing more than to obtain his freedom and be with his family,” said Rudzik. “His biggest fear is running into [the victim] while he is out.”
The victim did not attend the sentencing and did not offer a statement to the court.