Mount Vernon News
 
 
  • Judge sends rape case back to prosecutor

  • December 9, 2009

MOUNT VERNON — The Ohio Justice League feels the doors of justice were closed today on a Knox County woman when Knox County Common Pleas Court Judge Otho Eyster ordered her affidavit “in support of arrest or prosecution” be referred to the Knox County Prosecutor.

Jane Doe filed an affidavit last week with Eyster seeking prosecution of a man she claims raped her over 1,100 times when she was between the ages of 9 and 18.

“This victim wanted to have her day in court,” said Catherine Harper Lee of The Justice League of Ohio. “She wanted the doors of justice to be open to her with a fair and just trial.”

Lee said Doe, and her family, approached the Justice League of Ohio when the Knox County Grand Jury failed to indict her alleged attacker.

“The victim is taking this step on her own because she claims that the grand jury has never seen the letters, and film, found hidden away with the letters, that were never developed,” Lee said in a press release Friday.

Judge Eyster told the News that he has never seen a case brought before him like this in all his years on the bench. He declined to comment further because the affidavit was filed under seal which keeps it from being part of public record.

His ruling states Doe’s affidavit was not filed in good faith and it lacked merit.

According to the Ohio Revised Code, 2935.10, a judge can either send an affidavit to the prosecutor for investigation or can issue a warrant for arrest.

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