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Judge throws out rape case after prosecutor late to court (Cuyahoga County OH)
AP via Cantonrep.com ^ | 06/18/2006 | AP

Posted on 06/18/2006 11:00:29 PM PDT by kenth

A Cuyahoga County judge threw out the charge against a man accused of raping a girl six years ago when the prosecutor in the case was 45 minutes late to trial.

Prosecutors have filed an appeal and said, if necessary, they will refile the charge against Norman Allen Craig, 22, of North Ridgeville.

The mother of the now 16-year-old Rocky River girl said her daughter feels victimized by the judge’s decision.

Common Pleas Judge Eileen Gallagher dismissed the case when Assistant County Prosecutor Mark Schneider had not shown up by 1:45 p.m. Monday, after she told both sides to be in court at 1 p.m.

Schneider was in his office preparing an appeal seeking to prevent the judge from continuing with the trial.

Earlier in the day, Schneider had asked the judge to remove herself from the case, saying the judge said last year that she thought the accuser had credibility problems.

“Nobody should be rendering opinions from the bench before trial,” Schneider said. “A child victim who’s being put through the wringer deserves a fair shake at trial.”

Gallagher said her decision to throw out the charge had nothing to do with the girl’s credibility.

“It was all about the unprofessional actions of a prosecutor,” she said. “You don’t show up — too bad. Don’t treat me like a punk and not show up in court without giving us the courtesy of notifying us where you are.”

County Prosecutor Bill Mason said calls were made to Gallagher’s office, and she should have been aware of Schneider’s pending arrival before deciding to throw out the case.


TOPICS: Government; News/Current Events; US: Ohio
KEYWORDS: blackrobedthugs; contemptiblecourt; convictionfirst; judge; judicialactivism; ohio; presumedguilty; thentrial
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To: grjr21
The rape allegations are six years old making her ten at the time and the defendant is now 22 so that would have made him 16 at the time...statement by the judge last November that she thought the victim "had credibility problems" and that the entire case rested on the victim's word.

And, from your link:It took a 16-year-old Rocky River girl six years to find the courage to tell police about the boy next door who she said raped her.

Lots of room for Reasonable Doubt in this one.

61 posted on 06/19/2006 5:13:42 AM PDT by elli1
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To: Postal Worker with a gun; grjr21
Why has it taken 6 YEARS to get this into court?

Per grjr21's link: It took a 16-year-old Rocky River girl six years to find the courage to tell police about the boy next door who she said raped her.

62 posted on 06/19/2006 5:16:39 AM PDT by elli1
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To: kenth
This crap happens ALMOST every time you give someone power over you. Ever notice how many get out of jail free options there are for criminals? If you don't read them their rights in their language, don't specify exactly what you are looking for in a warrant, show up late for court...

While all the things I stated above should NOT happen, penalizing the public and certainly the victim by giving the perp a get out of jail free card is wrong. If a cop violates your rights, punish the cop. If a prosecutor shows up late for court, place them in contempt.

Judges like this should be removed from the bench immediately for they are committing a 2nd crime on both the victim and the public.

63 posted on 06/19/2006 5:22:20 AM PDT by Wurlitzer (The difference between democrats and terrorists is the terrorists don't claim to support the troops)
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To: elli1

Then this is just a he said/she said deal. No way of proving what, if anything ever happened. At the very least, there is reasonable doubt, and so no way to get a conviction unless there is some other evidence.


64 posted on 06/19/2006 5:22:38 AM PDT by Postal Worker with a gun (I could tell you, but then I'd have to kill you.....)
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To: Kakaze
It should work out for the best. She will be off the case.

Regardless of that fact, she could have charged the prosecutor with contempt of court and still not dropped the case.

65 posted on 06/19/2006 5:22:59 AM PDT by mware (Americans in armchairs doing the job of the media.)
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To: Enduring Freedom

I think your post #20 shows the 'Shrek' version of the same judge.


66 posted on 06/19/2006 5:24:46 AM PDT by moonman (`)
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To: All

It's time for us to by a beret....and wear it to any Hillary rally. A little subliminal advertising: We know what the meaning of "is" is and what "was" the most degrading Presidency in the history of the USA.


67 posted on 06/19/2006 5:24:53 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: All

Of course my previous post doesn't make sense. I posted it to the wrong thread!!!!


68 posted on 06/19/2006 5:36:36 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Wurlitzer

The prosecution is supposed to drive the case through the court. No prosecutor is like broken transmission in your car. Stops on road, gets towed.


69 posted on 06/19/2006 5:41:29 AM PDT by The Red Zone
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To: The Red Zone

nope, his office had informed the judge of the situation. if a defendent doesn't show should they be automatically guilty?


70 posted on 06/19/2006 5:54:51 AM PDT by driftdiver
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To: driftdiver

Judge claims she heard nothing about it.


71 posted on 06/19/2006 5:56:27 AM PDT by The Red Zone
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To: The Red Zone
"The prosecution is supposed to drive the case through the court. No prosecutor is like broken transmission in your car. Stops on road, gets towed."

I may have missed your point RZ and if so I apologize. In your description does the prosecutor get fined for breaking down on the road and also have to pay the towing fee? I would like to see that.

It seems like in the current system, the taxpayers pay the fine and the towing fee while the defendant gets a "get out of jail free" card.

72 posted on 06/19/2006 5:57:24 AM PDT by Wurlitzer (The difference between democrats and terrorists is the terrorists don't claim to support the troops)
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To: Wurlitzer

The prosecution is what keeps the case alive. Not there and no timely request for a reschedule means case tossed. Usually not tossed "with prejudice" which would mean no refiling possible. If that judge hates the case that much, the prosecutor prolly doesn't want to be in front of that judge anyhow.


73 posted on 06/19/2006 6:00:22 AM PDT by The Red Zone
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To: Candor7

As a practicing lawyer for over 20 years, with 10 of them as a District Attorney, I can say, failing to appear, and not notifying the court by telephone, or having another prosecutor show up and give an explanation will almost always get a case dismissed. This happens most anytime a lawyer fails to show. It may seem harsh, but if a case is set for trial, and no one shows up to prosecute the matter and/or no one shows up to ask for a continuance, most any judge would dismiss the charges. I have no bone to pick with the judge. The prosecutor should be slammed though. Failing to show up for court is unthinkable.


74 posted on 06/19/2006 6:07:25 AM PDT by yukong
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To: Postal Worker with a gun
Then this is just a he said/she said deal. No way of proving what, if anything ever happened.

That's the way I see it, too.

75 posted on 06/19/2006 6:23:54 AM PDT by elli1
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To: Lurker

Perhaps someone can send pictures of the Judge's family and directions to her home to the rapist, just so he can thank her personally.


76 posted on 06/19/2006 6:25:59 AM PDT by newcthem (When are our congress-men going to start getting paid in Pesos?)
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To: LibertarianInExile

I agree. I'm sure there were probably cases scheduled behind this one which were being held up as well. Piss poor lawyer imho.


77 posted on 06/19/2006 6:32:55 AM PDT by mosquitobite (The penalty for refusing to participate in politics is you end up being governed by your inferiors)
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To: Wurlitzer

Itr should be noted that the options pertain to the *accused*, who is presumed innocent. One hopes that
you never find yourself falsely accused and in a position
to need these protections.


78 posted on 06/19/2006 6:34:22 AM PDT by rahbert
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To: kenth

So all the accused has to do in order to walk is find a buddy who can figure out a way in delaying/preventing the prosecutor from arriving in court?

Sounds to me like its now open season on prosecutors with a ruling like this.


79 posted on 06/19/2006 6:35:55 AM PDT by BaBaStooey (I heart Emma Caulfield.)
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To: Sic Luceat Lux

"I think they both appear to be liberal democrat lesbians."

My GayDar system agrees.


80 posted on 06/19/2006 6:37:12 AM PDT by toddlintown
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