Friday, July 23, 1999
Girl says rape didn't happen, but parole board says 4 more years
BY DAN HORN
The Cincinnati Enquirer
Fred Dever Jr. lost his bid for freedom Thursday even though the girl he was convicted of raping says he is innocent.
After a brief hearing at the London Correctional Institution, the Ohio Parole Board ruled Mr. Dever should remain in prison at least four more years.
His case remains one of the most controversial in Hamilton County because the girl, his stepdaughter, has consistently said the crime did not occur.
He doesn't deserve to be in there, said 16-year-old Kristen Dever, who was 41/2 when her stepfather was charged. I don't understand why they gave him four more years.
Prison officials say the board concluded that the severity of the offense and the age of the girl made it necessary to return Mr. Dever to prison.
Mr. Dever, who has served about 10 years of a 10- to 25-year sentence, has repeatedly said he did not commit the crime.
Joe Andrews, spokesman for the Ohio Department of Rehabilitation and Correction, said the board reviewed letters from Mr. Dever's family but could not put much weight on Kristen's insistence that he is innocent.
(The parole board) can look at it, but they pretty much have to go with the cards they've been dealt by the court, Mr. Andrews said. He was found guilty and sent to prison. They can't retry the case.
Kristen has said authorities twisted her words and misconstrued her statements about the night she spent alone with her stepfather on Oct. 21, 1987.
She was found incompetent to testify at Mr. Dever's trial because of her age a point her family says led to his conviction.
Mr. Dever, who also did not testify at the trial, appealed the case to the U.S. Supreme Court and won a reversal of his conviction from an Ohio appeals court. His conviction was reinstated, however, by the Ohio Supreme Court.
One of the main issues of his appeal was whether prosecu tors should have been allowed to use the testimony of others who claimed to have heard Kristen make incriminating statements about her stepfather.
Both Kristen and her stepfather dispute whether she made the statements and, in some instances, whether investigators distorted the meaning of those statements.
The case began when a neighbor claimed to have heard a conversation with sexual overtones between Kristen and Mr. Dever. Both Kristen and her stepfather say the conver sation was about a bubble bath not sex.
Prosecutor Mike Allen said Mr. Dever should remain in prison. I feel very strongly the conviction was appropriate, he said.
Mr. Dever's family, however, said the parole board should have freed him long ago.
It's devastating, said his mother, Floretta Dever of Mount Carmel. Someone should stop and realize that something went dreadfully wrong.
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