Man scheduled for sentencing in April for 2007 rape

YOUNGSTOWN — A 53-year-old man, who has spent nearly four years in jail and prison, was ordered freed on his own recognizance pending sentencing after pleading no contest to four counts of raping his former girlfriend in June 2007.

Carl Chaney, of Hubbard Road, was convicted by a jury of those counts in May 2008. Former Judge Timothy E. Franken of Mahoning County Common Pleas Court sentenced him to 10 years in prison and fined him $5,000.

In March 2010, however, the 7th District Court of Appeals ordered a new trial for Chaney, saying the prosecution made improper references during its cross-examination of Chaney and its closing argument to Chaney’s refusal to give police a statement after his arrest.

The appellate court noted that Judge Franken failed to tell the jury to disregard the prosecutor’s comments.

Judge Lou A. D’Apolito ordered Chaney released after taking his plea Tuesday.

In this week’s plea agreement, Natasha Frenchko, an assistant county prosecutor, agreed to recommend that Chaney be sentenced to the time he has already served. Sentencing is set for 9 a.m. April 22.

For the complete story, read Thursday's Vindicator and Vindy.com