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Posted: 9:15 a.m. Sunday, March 17, 2013
By NEWS9
STEUBENVILLE, Ohio —
After four days of hearing witnesses' testimony and reviewing evidence, the fate of two teens charged with rape is now in the hands of a judge.
Testimony wrapped up Saturday night, and court adjourned just after 8 p.m. after prosecutors and the defendants' attorneys made their closing arguments. Judge Thomas Lipps said court will reconvene at 10 a.m. today and a verdict is expected at that time.
If found delinquent — the juvenile court equivalent of guilty — the two defendants could be jailed until they turn 21, when they would be released.
Ohio Attorney General Mike DeWine is scheduled to hold a press conference after the verdict at 10:30 a.m.
The two teen defendants are charged with raping a 16-year-old girl on Aug. 11, 2012. One of the teens is also charged with transmitting sexually oriented pictures of a minor.
Both defendants are student-athletes at Steubenville High School and both have pleaded not guilty.
A prosecutor for the state said their case met the burden of proof to convict the teens of rape, including but not limited to text messages, eyewitness accounts and physical evidence.
Both defendants' attorneys also made separate closing arguments. One attorney said "they (the defendants) are children" who can't help the circumstances in which they were raised. The defendant's attorney said the alleged victim was "all over" his client.
Both sides referred to a photo that has been widely circulated. Prosecutors said the girl was apparently passed out; a defense attorney said it was "a joke." The defense further said no witness explicitly said the defendants penetrated the girl.
After the defense attorneys concluded, a state prosecutor said Jane Doe was "the perfect victim" and was substantially impaired. The prosecutor emphasized that consent is not an issue, saying that the defendants treated her like a toy and took advantage of her.
"This isn't a case about anything but a very, very vulnerable girl," the state prosecutor said.
The prosecutor further said that in the end, this case is about a 16-year-old girl who was taken advantage of and humiliated.
Earlier, the alleged victim took the stand. She said she doesn't remember a photo of her being taken. She said when she woke up the morning after the night in question, she was embarrassed, scared and nude on a couch. She testified both defendants were surrounding her and she heard them talking.
The charges stem from a police report that was filed in Steubenville at 1:40 a.m. Aug. 14. The report states that people came to the police station "in regards to a sexual assault involving their juvenile daughter." Information was taken for a report and the subjects were referred to the Juvenile Division, the police report stated.
Lipps, a retired judge from Hamilton County, is presiding over the non-jury trial. Jefferson County Judge Samuel Kerr recused himself in late August. The Ohio Attorney General's Office took over prosecuting the case in late August after Jefferson County Prosecutor Jane Hanlin also stepped aside.
Stay with NEWS9 and WTOV9.com for continuing coverage.
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