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Wednesday, June 19, 2013 | 7:19 a.m.

Updated: 5:19 p.m. Wednesday, Jan. 30, 2013 | Posted: 10:38 a.m. Wednesday, Jan. 30, 2013

Trial continued for teens charged in Steubenville rape case

By Natalie Herbick and  NEWS9

STEUBENVILLE, Ohio —

Judge Thomas Lipps ruled early Wednesday to continue the trial of two Steubenville High School student-athletes who are charged with raping another teen.


The trial was originally scheduled to start on Feb. 13, but the judge moved the start of the trial to March 13. It is expected to last through March 15. Both defense attorneys had requested the continuance.

The judge further ruled that the trial will take place in Steubenville and denied several defense motions for a change of venue. With regard to that decision, Lipps stated that pressure groups or demonstrators could travel to other locations in Ohio.

In addition, the judge is allowing for the media and public to be present in the courtroom.
Lipps said that a responsible media presence will mean more accurate reporting on a case that he says has seen community rumors and misinformation concerning the defendants, alleged victim and their families.

Another motion filed by defense attorney Walter Madison to refer to the teenage girl as "the accuser" in this case was also denied. Lipps ruled the teenage girl can be referred to as "alleged victim."

Aside from the continuance, the only other motion Lipps granted was to provide a private investigator at the state's expense for Madison on behalf of Madison's client.

Madison was in court all day Tuesday for a trial out of the area, so NEWS9 was not able to reach him for comment. In the meantime, the other defense attorney – Adam Nemann – told NEWS9 that he also has a private investigator working on the case, but right now it is not at the taxpayers' expense.

Nemann said there are many witnesses who are afraid to talk openly out of fear for their safety and he said he will be forced to subpoena people to testify if it comes to that.

"There are numerous potential new witnesses, and that is the primary reason we requested a continuance because, through both social media websites, through reinvigorated prosecution investigation along with some other tips we have received, there are a lot more people that we would like to speak with that would have relevant information to testify about," Nemann said.

Lipps said the state of Ohio's motion to exclude evidence is unnecessary and a moot point, stating the teenage girl is already protected under the Ohio Revised Code. Lipps also denied a motion, filed by Madison, to take judicial notice of a video. The judge said he has not seen the viral video of teens joking about the alleged incident and does not intend to unless it is admitted as evidence.

The judge further denied a motion by Madison to take judicial notice of three immunity agreements.
Among the motions that were filed last week were:

-Continue trial (filed by Walter Madison)
-Continue trial (filed by Adam Nemann)
-Change of venue (filed by Walter Madison)
-Change of venue (filed by Adam Nemann)
-Restrict references to "the nature of the girl" (filed by the State)
-Refer to girl as "the accuser" (filed by Walter Madison)
-State-funded private investigator to review initial investigation (filed by Walter Madison)
-Review "new discovery" (filed by Walter Madison)
-Clarification on whether witnesses had plea deal (filed by Walter Madison)
-Close trial to press and public (filed by Walter Madison)
-Close trial to press and public (filed by Adam Nemann)
-Close trial to press and public (filed by Robert Fitzsimmons)

 

Stay with NEWS9, WTOV9.com and WTOV9 Mobile for continuing coverage.

-PREVIOUS COVERAGE: Jefferson Co. Aug. 2012 juvenile rape investigation

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