Appeals court vacates plea of Austintown man in rape case

YOUNGSTOWN

In a 2-1 decision, the 7th District Court of Appeals has vacated the plea of an Austintown man who was sentenced to 15 years in prison on charges he raped a teenage girl.

The appeals court sent the case back to the trial court for further action.

Friday’s ruling vacated the Alford plea David T. Adams, 39, of New Road, had entered before Judge John M. Durkin sentenced him in December 2011 on eight counts of raping the girl while she was between age 15 and 17.

In an Alford plea, the defendant does not admit his guilt but agrees that, if the case were to go to trial, there would be enough evidence that a jury could find him guilty.

The appeals court ruled that Judge Durkin, of

Mahoning County Common Pleas Court, abused his discretion when he overruled Adams’ pre-

sentence motion to withdraw his plea and go to trial.

For the complete story, read Wednesday's Vindicator or Vindy.com.