By Sharon Coolidge
The Cincinnati Enquirer

Michael Lindsey was found not guilty Monday in the kidnap and rape of a 33-year-old South Fairmount woman.

A Hamilton County Common Pleas Court jury acquitted the 25-year-old South Fairmount man of the charges Monday after his attorney pointed out several inconsistencies in the woman's story and argued that Lindsey was home at the time of the attack.

The woman admitted she lied to police, prosecutors and two grand juries about what happened the early morning hours of July 8. There was no DNA evidence to link Lindsey to the woman.

"This was a tragic case," said William Flax, Lindsey's attorney. "There is no way to make it up to Michael for his ordeal."

It's been a long four months, Flax said.

Lindsey was charged with the crimes that same morning, but they were dropped in September when the woman refused to go to court. She told Hamilton County Common Pleas Court Judge Patrick Dinkelacker she feared retaliation from neighbors if she testified.

Dinkelacker jailed the woman for five days for contempt of court, saying the justice system cannot work unless both sides participate. After her release from jail, the woman repeated her story to a Hamilton County grand jury and Lindsey was arrested a second time.

The woman said she was dragged into woods and raped. Last week, she testified in Lindsey's trial that she had lied.

She said she agreed to exchange sex for money and walked into woods with Lindsey. Once there, she said, she changed her mind and was raped.

Lindsey's lawyer said Lindsey was not there and never had sex with the woman. He was asleep in bed that night, Flax said, after going to Bible study class that evening.

Hamilton County Prosecutor Mike Allen could not be reached for comment Monday.

Flax said Lindsey is grateful for the jury's acquittal.

"I've been a lawyer long enough to know the system is not perfect," Flax said. "But the adversary system is the best we have."

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E-mail scoolidge@enquirer.com