Attorney Adam Stone and his client, Nathan Mcle, recently went before a Crawford County Common Pleas Court to hear how Judge Leuthold ruled on a handful of different motions. Mcle has been charged with three counts of felony rape and one count of felony disseminating material harmful to minors. Conviction of the first set of charges could include a life sentence with no parole, and conviction of the second charge could include one-year imprisonment.
Bucyrus Criminal Defense Attorney Adam Stone has noted that his defense strategy will rely to some degree on the questionable competency of the alleged victim. The child, left unnamed in distributed documents for privacy reasons, is less than 13-years old. Through his own investigation of the evidence deemed admissible for trial, Stone suspects that the child might have a learning disability, which, if true, could make any collected testimonies doubtful at best.
In order to test the child’s learning capabilities and cognitive faculties, Stone moved to bring in an expert witness to evaluate the alleged victim. Even though the prosecution admitted to seeing the necessity of such an exam, Judge Leuthold chose to deny the motion. There will be an in-camera evaluation instead, performed without the expert witness and without Mcle present. The Judge went on to say that any in-person competency examinations would be completed with the assistance of a neutrally-selected forensic psychologist.
Another avenue of defense strategy that has been considered is calling into question whether or not the alleged victim had been sexually abused by others in the past. If this was found to be true, it could be evidence that the child is displacing emotions against or fabricating stories about Mcle. Judge Leuthold has accepted the possibility of such history existing but would only consider it in terms of proof admissibility after being given an explanatory “offer of proof” from the defense. The prosecution seems uninterested in this potential evidence and will rely on both live testimonies from the alleged victim and previously recorded statements.
For more information on this developing case, you can view a full article published by Crawford County Now by clicking here. If you require the legal representation of our Bucyrus criminal defense attorney at Eyer Stone, LTD for a case of your own, you can call 419.610.2032. You can also use an online form to request a consultation.