The State’s theory is that the alleged victim was too intoxicated
to consent/resist. Just one problem. Her blood alcohol was zero. Even
worse, the State failed to disclose this exculpatory information to the defense.
Defendant found guilty at trial, sentenced to 11 years on the rape consecutive
to 9 years on the RVO spec.
The defendant did a
FOIA request with Dayton PD after he was shipped to ODRC and learned the
BAC was .000. Motion for new trial denied. He appealed. 2d District affirmed. He appealed
to the Ohio S.Ct. who just reversed his conviction today.
Case
here with relevant portions
highlighted.
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