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Friday, October 24, 2003

Woman admits lying in rape case



By Sharon Coolidge
The Cincinnati Enquirer

A woman who was jailed for not appearing in court to prosecute the man she said raped her admitted Thursday that she lied about parts of her story.

The 33-year-old woman told police, prosecutors and two grand juries that she was grabbed on a road near her grandmother's South Fairmont house early July 8, dragged into a patch of woods and raped.

Thursday during Michael Lindsey's trial in Hamilton County Common Pleas Court on charges of rape and kidnapping, the woman said she agreed to have sex with Lindsey for $20. When she changed her mind, he forced her to have intercourse, she testified.

The woman admitted to prosecutors on Wednesday that she was not forced into the woods.

"She was beyond embarrassed," said William Welsh, the woman's attorney. "She knew she had drug problems, but she also knew she was raped. She thought nobody would believe her."

Hamilton County Prosecutor Mike Allen decided his office would go forward with the trial.

"She is still alleging the defendant did this without her consent. We felt it was appropriate to go forward and let the jury decide," Allen said.

In opening statements, Lindsey's attorney, William Flax, said his client never had sex with the woman.

He said Lindsey spent the evening until 10 p.m. at a Bible study group, which his pastor later confirmed in court, and then went home and went to bed.

"There was DNA testing and there is no evidence," Flax said.

He also said the woman reported that her assailant told her it was his 22nd birthday the following day. Flax said 25-year-old Lindsey's birthday is in March.

The case gained national attention last month when the woman failed to show up for three hearings because she said she was afraid of retaliation. Dinkelacker had to dismiss the charges.

Saying her conduct jeopardized the court system, Dinkelacker found the woman in contempt of court. He ordered her to spend 10 days in jail, which he later cut in half when she apologized and promised to go forward with charges.

The day she was released from jail, she testified before a grand jury and Lindsey was re-indicted.

E-mail scoolidge@enquirer.com




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