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Delayed justice complaint filed against Judge Sweeney
YOUNGSTOWN
A city woman has asked the 7th District Court of Appeals to order a Mahoning County Common Pleas Court judge to bring to trial the man accused of raping her more than five years ago.
On Friday, the 33-year-old East Side woman, represented by Atty. Elizabeth A. Well of the Justice League of Ohio, filed a request for a writ of mandamus against Judge Maureen A. Sweeney.
The league is a nonprofit organization based in Powell, Ohio, that gives free legal representation to victims of violent crimes.
The league said on its website that Friday’s action was the first of its kind to be filed on behalf of an Ohio crime victim.
The accuser wants the appellate court to order Judge Sweeney to put Maurice Clark, 49, of Canfield Road, on trial for rape and kidnapping.
“It puts a tremendous amount of stress on victims when cases linger to this degree,” said Cathy Harper Lee, league executive director.
Every few months, the accuser would become emotionally prepared for trial, only to have the trial postponed, Lee said.
Under Ohio law, crime victims have “the right to object to substantial delays in prosecution,” Well wrote in her court filing.
The alleged crimes occurred Sept. 14, 2009, at Clark’s residence. A Mahoning County grand jury indicted Clark on April 8, 2010.
The accuser told police she and Clark carpooled to work.
After his arrest, Clark was released on $40,000 bond.
He was re-arrested after being placed on the U.S. marshals’ most-wanted list when he failed to appear for trial Jan. 3, 2013.
Clark is in Mahoning County jail without bond.
Court records show the trial has been postponed 21 times, most recently Feb. 17.
As to why there have been so many delays in this case, Lee said: “We have no idea. We can’t tell from the docket.”
She noted, however, that Clark has alternated from asking for a jury trial to asking for a bench (nonjury) trial during the pendency of the case.
A pretrial hearing is set for 9 a.m. April 1, to be followed by a bench trial at 8:30 a.m. April 6.
If a resolution of the case appears likely April 1 or 6, Lee said Well and the accuser would discuss whether to withdraw their writ of mandamus request to prevent further delay in resolving the case while Judge Sweeney awaits an appeals-court decision.
Twice in 2013, the league asked Judge Sweeney to bring the case to trial. The court docket shows no ruling from the judge on either motion.
Nick Modarelli, chief assistant county prosecutor, and Judge Sweeney declined to comment.