Tuesday, August 24, 1999

Former officer's sex trial begins

Teen-age girl said encounter was consensual

The Cincinnati Enquirer

        LEBANON — A 15-year-old girl testified Monday that former corrections officer Timothy Million Jr. had sex with her standing in a holding cell with his foot propping the door open so he wouldn't get locked in.

        Even after leaving to buzz-in a teacher to juvenile detention that morning, the 30-year-old Middletown man returned to finish the encounter, the girl told the Warren County jury.

        But the girl, who was 14 at the time of the alleged incident and is now living in a group home, said the incident at the Warren County Juvenile Detention Center occurred Oct. 5, a week after prosecutors allege and two days after the girl wrote a voluntary statement saying nothing sexual occurred between them.

        The girl, who is not being named because she is a juvenile, was among five former female inmates to testify against Mr. Million in the first day of his trial in Warren County Common Pleas Court. The trial is expected to continue at least through Wednesday.

        Mr. Million, who was fired in January after the allegations surfaced, is charged with three felony counts each of sexual battery and corruption of a minor involving the girl.

        He also faces six additional misdemeanor charges of contributing to the unruliness or delinquency of a child for allegedly making lewd gestures and remarks to the girls, encouraging some to expose themselves to him or smuggle marijuana into detention, and for soliciting sex from another who had been released from the facility.

"I wanted to'
        All six girls have made similar allegations against a second guard. That case is pending in Lebanon Municipal Court while authorities investigate the man in another alleged sexual incident involving a teen-age girl outside the juvenile detention center.

        The 15-year-old girl said that she and Mr. Million planned the October sexual en counter, and that she intentionally misbehaved in order to be sent to the holding cell, then refused to go to breakfast so she and Mr. Million could be alone.

        “I wanted to,” the girl replied when assistant county prosecutor Rachel Hutzel asked why she had sex with Mr. Million.

        The girl said she wrote the Oct. 3 denial because other inmates had filed a grievance against Mr. Million, saying they overheard him making inappropriate remarks to her.

        “I didn't want him to get in trouble. I liked Tim,” the girl said. Even now, “I don't have a problem with him.”

Credibility questioned
        Other teens testified that Mr. Million either mouthed or made sexually explicit remarks to them from an intercom at the control panel. One said Mr. Million went to the nurse's station behind the holding cells and asked her to expose her breasts to him through a common window. She did.

        Many said the 15-year-old considered Mr. Million her boyfriend and became jealous when Mr. Million made sexual comments to the others.

        Through most of Monday's session, defense lawyer Frank Schiavone hammered away at the credibility of the girls, all of whom had been in juvenile detention on several separate occasions in 1998. He told the jury that the girls fabricated their stories and that Mr. Million was innocent.

        “These young women have got problems,” Mr. Schiavone said. “They had problems long before they ever entered the juvenile detention center.”


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