Tag Archives: Walter Madison

Teens with immunity testify on girl's intoxication level in Ohio rape trial

A 16-year-old girl who says she was sexually assaulted by two football players last summer was drunk and didn’t seem to know what was happening, according to the testimony of three teenagers who were granted immunity from prosecution in order to give their accounts of that night.

The three teens spoke Friday of the West Virginia girl’s behavior the night of a party and described her being digitally penetrated in a car and later on a basement floor.

Two football teammates, a 17-year-old and a 16-year-old, are charged with digitally penetrating the girl early Aug. 12, first in a car and then in the basement of a house. The 17-year-old also is charged with illegal use of a minor in nudity-oriented material. The two maintain their innocence.

One of the witnesses testified that he took a video of the 17-year-old and the girl in the car, then deleted it later that morning. Another witnesses testified he saw the 16-year-old football player’s encounter with the girl in the basement, as did another witness.

Testimony in the rape trial wrapped up late Friday as a judge, who’s hearing the case without a jury, pushed to finish the case, which is continuing through the weekend. The accuser was expected to testify Saturday.

The case has featured disturbing testimony from teens, both in person and in graphic text messages, and has cast an unwelcome light on what students in the community once considered private conversations. The teenagers who testified Friday winced at times as they were forced to read the adult language in the texts.

The case has riveted the small city of Steubenville amid allegations that more students should have been charged and led to questions about the influence of the local football team, a source of a pride in a community that suffered massive job losses with the collapse of the steel industry.

If convicted, the two teens accused could be held in a juvenile jail until they turn 21.

During one of the witness’ testimony, a prosecutor asked him why he deleted the video.

“It was one of those moments when you realize you did something stupid and wrong that night, so I deleted it,” he replied.

The witness testified he saw the 17-year-old unsuccessfully try to have the girl perform oral sex on him later in the basement house. Another witness also testified that the girl was intoxicated and slurring her words.

On cross-examination, defense attorney Walter Madison suggested that the girl was behaving no differently than anyone else the night of the party.

A witness testified he saw the 17-year-old and the girl asleep under a blanket on the couch later in the morning.

“Did anybody behave in a way to make you think that something was wrong?” Madison, Richmond’s attorney, asked.

“No,” he said.

The second witness granted immunity, testified that he saw the 16-year-old teen digitally penetrate the girl in the basement.

“Was she moving?” special prosecutor Marianne Hemmeter asked.

“Not at this time,” he said.

“Was she talking?” Hemmeter asked.

“I didn’t hear anything,” he said.

The witness said the girl appeared to be “pretty drunk” …read more
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Ohio football players in rape case will have same trial, lawyer says

The lawyer for one of two high school football players charged with raping a 16-year-old girl wants to delay the trial and also have it moved out of an eastern Ohio city that has received international attention.

Attorney Brian Duncan filed the motion Friday on behalf of Trent Mays, who is scheduled for trial next month in juvenile court in Steubenville. Duncan expects to file another motion this week to move the trial.

An attorney for the other defendant, Ma’Lik Richmond, filed similar motions earlier this month, as well as a request to close the trial to the public.

Richmond’s attorney, Walter Madison, said in an email Tuesday that the visiting judge handling the case has denied a request to give the defendants separate trials.

The Ohio Attorney General’s Office, which is prosecuting the case, wouldn’t comment.

The case has gained global attention through the work of bloggers and hacker-activists who allege other football players should be charged but are being protected by a cover-up. A video and photo posted online also have drawn attention to the case.

In a statement earlier this month, Duncan urged the public not to let the case reflect on the Steubenville area in general. He also acknowledged the role of social media in in the case but again urged people not to draw conclusions.

“We certainly recognize that the video, photograph, alleged facts, and surrounding circumstances set forth on the Internet and portrayed in the media would cause even the most optimistic of man to call into question the defendants’ presumption of innocence,” Duncan said in the Jan. 9 statement.

“We must be careful in this age of social media to ensure that the words set forth do in fact portray the actual story,” he said.

The 12-minute video shows a student who was not involved in the attack but apparently aware of it joking about it while others in the background chime in.

In a photograph, the two defendants are apparently seen carrying the girl by her arms and legs, according to the transcript of an October hearing where a judge heard testimony before deciding whether the teens should be charged.

At that hearing, three other high school students testified to seeing the attack on the girl from nearby Weirton, W.Va. Two of those students also recorded a video and photograph of the attacks on their phones, but deleted the images shortly afterward. Those students were told at the hearing that they would have been charged had investigators found the images.

In letters to attorneys for each of the three students last fall, prosecutors said that while each student “may not have conducted himself in a responsible or appropriate manner, his behavior did not rise to the level of criminal conduct,” according to copies of the letters obtained by The Associated Press through a records request.

Prosecutors added in each case that, “we will not prosecute your client for his actions” on the weekend of the alleged attack in August, the letters said.

Source: FULL ARTICLE at Fox US News

Defense attorney pushes to have Steubenville rape trial moved

The attorney for one of two Ohio high school football players charged with raping a 16-year-old girl wants the trial closed to the media and moved out of Steubenville, a small town he says has been torn apart by the emotionally-charged case.

Walter Madison, who represents defendant Ma’lik Richmond, said he fears witnesses who could help corroborate his client’s story are too intimidated to come forward in the eastern Ohio town of about 19,000. The case and alleged cover-up have generated widespread media coverage, and condemnation from victims’ rights groups, area residents and even computer hackers who have distributed evidence in the case.

“I want witness participation,” Madison told FoxNews.com, claiming some individuals in “seeming support” of his client have been “vilified” on social media websites.”They’re intimidated,” he said. “They don’t want to participate.”

But finding anyone sympathetic to the defendants may be nearly impossible, no matter where the case is tried. The details of the case, and photos and cellphone video that later appeared online are shocking and sickening, by any standard. The victim who is said to have been unconscious, was allegedly carried around to a series of parties on Aug. 11-12 by members of the Steubenville High football team. The girl was allegedly sexually assaulted at least twice — first in the back of a car — as others watched and snapped pictures. At lease one of those photos, showing the victim being dragged by her wrists and ankles, appeared online.

Richmond and Trent Mays, both 16, are facing formal rape accusations in connection with the alleged sexual assault of a West Virginia girl in August. Their attorneys have denied the charges in court.Jefferson County Sheriff Fred Abdalla said he was told by the Ohio Division of Public Safety that people using false names on Facebook were threatening to harm his family.

“Besides making threats against my family, yhey threatened to come in and shoot up the kids at Big Red,” Abdalla told FoxNews.com.

Abdalla pushed back against claims that law enforcement did not thoroughly investigate the alleged crime, saying, “Some people got sick minds. Some people live in the sewer.”

“If God from heaven came down right now and said there’s no cover-up, some would still say there was,” he said. “We had a crime scene investigator in here from Day 1.”

FoxNews.com’s Cristina Corbin and the Associated Press contributed to this report.

Source: FULL ARTICLE at Fox US News

Threats, silent witnesses plague case of rape of 16-year-old Ohio girl

The investigation into an alleged rape of a teenage girl by high school football players that has rocked a small midwestern community continues to stymie officials, who say high school students with information about the case are thwarting investigators even as the FBI looks into threats made against local authorities who are working on the case.

The local sheriff said his family had received a death threat and the police chief in Steubenville, Ohio, said an email he received shut down his computer.

Jefferson County Sheriff Fred Abdalla was told Wednesday by the Ohio Division of Public Safety that people using false names were threatening his family on Facebook, the Pittsburgh Post-Gazette reported.

“They said they were going to murder my family and rape my daughters,” Abdalla told the newspaper.

The reported threats made at local officials are in response to the handling of an alleged rape of a 16-year-old girl last August. The victim, who is said to have been unconscious, was allegedly carried around to a series of parties on Aug. 11 and 12 by members of the Steubenville High football team. The girl was allegedly sexually assaulted, repeatedly — first in the back of a car — as others watched and snapped pictures.

Two star high school football players, Ma’Lik Richmond and Trent Mays, both 16, are facing formal rape accusations. Their attorneys have denied the charges in court.

Some question why other students weren’t charged, and bloggers and hacker-activists have alleged a cover-up meant to protect the popular football program.

Potential witnesses for Richmond and Mays have been threatened and pressured not to testify and some are reluctant to come forward, attorneys for the players said Monday as they consider whether to ask the trial be moved and closed to the public.

At issue is publicity surrounding the case and the concerns some witnesses have that their names and addresses may be published through social media and on the Internet.

The current juvenile court judge overseeing the case scheduled next month in Steubenville has previously declined a request to close the proceedings.

“They are reluctant to sacrifice their college career, their reputation, or their otherwise good standing in whatever community they may be found for fear of being vilified, and certain personal information finding its way on the Internet,” said Walter Madison, an attorney for Richmond.

Social media and the Internet are playing a crucial role in the case. Hackers last week released a video purportedly showing a Steubenville student joking about the alleged attack and an attorney for the girl’s family has said online commentary about the case had made the situation harder.

Another Steubenville student dropped a suit last month over comments on a blog that suggested he might have been involved.

Ohio Attorney General Mike DeWine, whose office is overseeing the case’s prosecution, said the decision will be up to the judge. He declined to comment on the attorneys’ concerns.

“There is obviously a lot going on in the social media and there’s a lot going on in the mainstream media, but ultimately this case will be decided by a juvenile judge who will listen to the evidence, and the case will be presented no differently than it would in any other case,” DeWine said.

Brian Duncan, an attorney for Mays, also said Monday he’s considering a similar request.

“We just want to make sure our client and the other defendant have their proper day in court,” Duncan said.

The two boys are set for trial next month in juvenile court in Steubenville, a city of about 18,000.

Public interest in the case increased with the online circulation of the video, more than 12 minutes long, that shows one young man joking about the accuser following the alleged attack. The hackers who released the video allege more people were involved and should be held accountable.

On Monday, an attorney said the young man regretted the comments, made when he was intoxicated.

The attorney said in a statement that the man, a 2012 graduate of Steubenville High School and an Ohio State University academic scholarship student this past fall, was ashamed and embarrassed about his comments and the effect his behavior has had, especially on his family.

The man is not a suspect in the investigation and was not present at the alleged attack, said attorney Dennis McNamara, of Columbus. He said the man he referred to as “Michael” left a party around midnight where he was told the alleged victim had been drinking and went to a friend’s house where the video was recorded about 2 a.m. on Aug. 12.

“There is no excuse or justification for the comments and jokes Michael made on the video,” the statement said. “With sober reflection, he is ashamed and embarrassed. He sincerely regrets his behavior and the effect it has had on all parties involved, especially his family. He was not raised to act in this manner.”

The statement said the young man played sports but not football at Steubenville.

McNamara said the video was posted on YouTube in August, taken down, then reposted by a hackers’ group last week.

Over the weekend, city authorities launched a website to combat misperceptions about the case, including the allegation that the football team has an unusual sway over the city.

The site, sponsored by Steubenville city and police officials, explains that only a handful of police officers attended local schools and that the city manager herself is not even from Ohio. Its launch followed the hiring of a consultant who’s helping the city handle a barrage of media attention sparked by the case.

As the investigation continues, it has spurred heated commentary online. Some support the defendants and question the character of the teenage girl, while others allege a cover-up or contend more people should be charged.

The latter group includes hacker-activists who point to comments they say were posted around the time of the alleged attack on social media by people who are not charged.

The Associated Press contributed to this report.

Source: FULL ARTICLE at Fox US News