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Published: Monday, March 19, 2018 @ 2:17 PM
California’s attorney general responded to Brock Turner’s appeal effort in a filing made public Monday, arguing the Ohio sex offender was not deprived of due process or victim to prosecutorial misconduct during his 2016 trial.
In the 95-page court brief reviewed by the Dayton Daily News, the state’s attorney said Turner’s “claims of error all lack merit” and “could not — separately or together — infringe” on the Oakwood High School graduate’s legal rights.
Turner’s new attorney, Eric Multhaup, filed a 172-page appeal in December seeking to clear his client of a conviction stemming from the January 2015 assault of a 22-year-old woman while Turner was a student and swimmer at Stanford University.
The appeal argued Turner was deprived of due process and alleged prosecutorial misconduct — in part by the use of the word “dumpster” in describing the location of the assault — as reasons he should receive a new trial. Multhaup did not respond to a request for comment Monday.
A jury found Turner guilty on three felony counts: assault with intent to commit rape of an intoxicated or unconscious person, penetration of an intoxicated person, and penetration of an unconscious person. Turner was sentenced by Santa Clara County Superior Court Judge Aaron Persky to six months in jail, but served three months of the sentence.
The case — and Turner’s sentence — sparked a nationwide controversy and wide-ranging discussions about sexual assaults on college campuses.
The state argues there was “substantial evidence from which a rational jury could find appellant guilty beyond a reasonable doubt of all three charges.”
“That evidence included testimony by two independent eyewitnesses who saw appellant ‘thrusting’ on top of the victim half-naked and as she lay unresponsive on the ground,” the state’s brief said.
Turner’s attorney argued his client “was deprived of due process, a fair trial, and his right to present a defense” when the judge restricted testimony from four individuals with Dayton-area ties: Turner’s friend, an ex-girlfriend and two swim coaches.
Multhaup argued the court erroneously restricted the testimony of the four “to the trait of sexual non-aggression relevant to his conduct at the time of the offense … and excluded it as to appellant’s honesty and veracity.”
California’s response disputes Multhaup’s claim, arguing Turner’s “reputation for veracity among those who knew and liked him in high school was not the primary, or even a relevant, issue in the case.”
Multhaup also claimed prosecutors “malevolently” used the phrase “behind-the-dumpster” to describe the location of the incident because it implied Turner wanted to shield the incident from view and because “it implied moral depravity, callousness, and culpability on the appellant’s part…”
The state again disputed Multhaup’s claim, arguing Turner himself said the encounter occurred behind a dumpster.
California Deputy Attorney General Alisha Carlile filed the state’s brief Friday in California’s 6th Appellate District Court.
An Oakwood native, Turner is serving a three-year probation. He now lives in Greene County and is a Tier III sex offender, according to Ohio’s sex offender registry. The designation means he is required to register with the county every 90 days.
Read more stories from the Dayton Daily News:
Published: Monday, April 23, 2018 @ 7:59 AM
— Springfield police are investigating a second recent alleged school threat at Cliff Park High School.
Police were called to the school on Friday after school administrators learned of a possible threatening Facebook status posted by a student, according to a police report.
The student told police the social media post was about smoking marijuana rather than committing violence, according to the report.
Police began their investigation at around 11 a.m. when they spoke to Cliff Park’s director Jeff Waechter.
“Mr. Waechter stated (a student) posted to Facebook ‘If you go to Cliff Park run home (student’s nickname) trynna blow up the school,’” the report says. “Mr. Waechter stated this caused alarm in the school with students and staff. Additionally, at least two students did not come to school on this date because of the post, according to Mr. Waechter.”
Police were able to identify both the student who posted the status and the student who is referred to in the status, according to the police report. The students are family members, according to the report.
The student that is referred to in the status was interviewed at Cliff Park and told police the two were private messaging before the Facebook status was posted.
The student who allegedly posted the status said the post was referencing the smoking of marijuana, according to the report.
“(The student) stated the post was a misunderstanding and that he was trying to tell students they should run because (the other student) was smoking marijuana, and it was going to smell,” the report says.
The student who allegedly posted the Facebook message was arrested and charged with inducing panic, according to the report.
Published: Monday, April 23, 2018 @ 8:42 AM
A Springfield man who is facing more than 100 years in prison for alleged burglaries and other property crime is representing himself in court today.
Ramon Boyce, 33, is charged with 22 felony counts including 18 counts of burglary and three counts of receiving stolen property in Clark County Common Pleas Court. He is facing between six months and 110 years in prison if convicted.
Boyce was secretly indicted in July by a Clark County grand jury.
The indictment obtained by the Springfield News-Sun alleges that investigators have connected Boyce to more than 10 burglaries in Clark County. The indictment says the alleged crimes took place between August 2016 and June 2017.
Boyce’s trial is scheduled to start today in Clark County Common Pleas Court.
Published: Sunday, April 22, 2018 @ 12:56 AM
DAYTON — A Chihuahua was mauled to death Saturday afternoon by a larger dog owned by a neighbor.
The 1-year-old dog named Ace was chained outside shortly after 12:30 p.m. when a dog, also named Ace, came from across the street in the 5300 block of Dushore Drive and ripped the smaller dog off the chain and ran with it in its mouth.
After the larger dog’s owner, identified as Jeffrey Cox, got his black Labrador retriever mix back inside, another of Cox’s 11 dogs got out and charged the Chihuahua owner and her husband, who had to fend it off the second dog with a metal chair until Cox could secure it, according to a Dayton police report.
The Chihuahua owner told police it was the second dog she lost to one of Cox’s dogs; the last time was when her previous Chihuahua was killed in the fall of 2016, according to the police report.
The Montgomery County Animal Resource Center took the dog that killed the Chihuahua.
It is not clear whether Cox’s 11 dogs were licensed or had previous complaints documented against them.
Published: Sunday, April 22, 2018 @ 6:43 PM
Updated: Monday, April 23, 2018 @ 2:10 AM
URBANA TWP. — One person is in custody and a deputy was injured after a police standoff that occurred in Champaign County Sunday evening.
Officials were called to a residence near the 100 block of East Dallas Road for a complaint around 6 p.m. When deputies arrived, a man, unrelated to the complaint call, ran, prompting officials to chase after him.
A struggle with one of the deputies occurred after they caught up with the suspect. The deputy was hit in the forehead, reportedly with handcuffs, causing injury, officials said.
With the officer down, the suspect ran inside a house on East Dallas Road with handcuffs on, barricading himself.
Police were in a standoff outside the house for over two hours, using a bullhorn urging to get the man to come outside. He eventually was brought out of the residence in handcuffs.
The deputy was taken to a local hospital. His condition is unknown.
There were more than 20 cruisers and fire vehicles at the scene, blocking the road at U.S. 68.