Wednesday, September 06, 2000
Boy acquitted of sex charges
Trial is today for 2 others allegedly in tryst
By Sheila McLaughlin
The Cincinnati Enquirer
LEBANON — On the eve of his two friends' trial, the first 14-year-old Mason boy to be tried in an alleged assault on three female classmates was acquitted Tuesday of all sex charges.
In a written decision, Juvenile Magistrate Joe Kirby acquitted the boy of two felony counts of sexual battery and a single charge of felony gross sexual imposition.
But he convicted the teen of a misdemeanor charge of contributing to the delinquency of a minor.
The boy's mother said she was relieved. Her son is scheduled to be sentenced Sept. 13, but prosecutors said it is unlikely he will face detention.
“I am thankful to God that we do still live in a country where, when it has to, the system will work,” the mother said.
“I'm just so grateful the judge was able to see this for what it really was. It's never been about a criminal activity. It's about what kids can do, and do do when they are left to their own.”
The boy's mother said the past six months were extremely stressful for the family. She has since quit her full-time job to be home with her children.
Authorities alleged the 14- year-old girls, who attended Mason Middle School with the boys last year, were sexually assaulted March 11 after they became intoxicated and the boys visited the home of one of the girls for two hours while her mother was shopping.
There was no intercourse involved, and the boys had not consumed alcohol, authorities said.
The father of one of the alleged victims said he did not want to comment until he had discussed the verdict with prosecutors.
Warren County Assistant Prosecutor Andy Sievers declined comment on the verdict, saying he did not want to jeopardize the other boys' cases. But he indicated that a plea was possible.
The teens are scheduled to go on trial together today in juvenile court. The two face felony charges that include rape, sexual battery, complicity to those crimes, and misdemeanor contributing.
“As in any trial, the day before the trial, there's always a possibility for a plea,” Mr. Sievers said.
Defense attorney James Whitaker was dismayed the trial even happened.
“It's kind of a shallow victory,” he said. “It's a shame the thing ended up in court to begin with.”
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