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Akron applies for more stimulus funds
State senate passes second temporary budget
Barberton man found guilty in murder of heroin thief
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Blogs:
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Sunburn in canines and felines
The Heldenfiles:
Monday Notebook, New "90210" on DVD
Patrick McManamon:
Some Trevor Ariza tales
Akron Zips:
Opponent outlook: Northern Illinois
Browns Bulletin:
Single-game ticket sales begin July 11
Tribe Matters:
Marte is IL’s Batter of the Week
Cleveland Browns:
Stallworth test showed marijuana
Kent State Sports:
Men's Basketball Scheduling update
Cleveland Cavaliers:
Free Agency Update: Frye in View?
All Da King's Men:
The Obligatory Palin Post
Blog of Mass Destruction:
The "Limbaugh Babies"
Akron Law Café:
The Veil and the Burqa – Constitutional to Ban or Restrict?
Varsity Letters:
Solon’s Baldwin could decide soon
See Jane Style:
Picnic Wear
Car Chase:
Where do We Go from Here?
Let's Talk Real Estate:
ID My Bug
Ohio Travels with Betty:
Jennifer inquires about a bus tour to Atlantic City
Sound Check:
Rundgren fans rejoice!: Second night of AWATS at The Civic added
HRLite House:
DDI One of Best Places to Work
Akron Gamer:
Hot link: Best of Nintendo at E3
By Carl Chancellor
Beacon Journal staff writer
POSTED: 06:13 p.m. EDT, Mar 17, 2008
What has been described as a hazing incident that went horribly wrong had two Tallmadge High school football players in Summit County Juvenile Court today facing rape and rape related charges.
Attorneys for the defense and prosecution agreed in opening statements that a sophomore football player had indeed been accosted by several teammates last summer following a football practice behind the school.
And the attorneys for both sides also stipulated that during the altercation, the victim was forced to the ground, had his pants pulled down and was jabbed in the buttocks with a drinking straw.
What attorneys don't agree upon is whether the attack was premeditated and if the straw penetrated the victim's rectum, which is crucial to establishing the rape charge.
There was no doubt as far as the victim was concerned.
During at times emotional testimony, the victim, now 16, described in detail the incident that he had hid from his parents, coaches and school officials until police questioned him more than a month after the incident.
''I didn't tell anybody. I didn't want people to find out,'' the young man said.
The victim said he struggled unsuccessfully to free himself and stop the attack. He said the actual incident with the straw lasted only a very short while —''five to eight seconds''— but said the straw entered his rectum more than once during that time.
''It went in,'' he said.
The victim identified the two defendants, both 17, as two of the teammates who held him down on the ground, and one of them as the person, who placed a straw into his rectum.
One of the defendants, a junior is charged with one count of delinquency by rape, a felony and one count of hazing, a misdemeanor.
The other, a senior is charged with one county of delinquency to commit rape, a felony and one count of hazing.
A tape recording, made shortly after the arrests of the two players, was played in court this morning.
One of the defendants can be heard saying, ''Rape? Are you serious?''
Before the victim took the stand, another teammate, who previously pleaded guilty to hazing, testified about the incident saying a few of the players ''were just messing around and it got out of hand.''
After the prosecution rested its case this afternoon, defense attorney Scott Rilley asked Judge Linda Teodosio to dismiss the complicity to commit rape charge against his client.
Rilley argued that prosecutors had failed to prove that his client knew that ''pantsing'' — a common hazing practice among Tallmadge football players of pulling down a teammate's shorts — would escalate to an alleged rape.
''None of the individuals knew the incident with the straw was going to occur,'' Rilley said.
Teodosio overruled the motion.
The trial is expected to conclude Tuesday.
In December, a 17-year-old teammate was given 40 hours of community service and other sanctions after pleading guilty to a delinquency charge of disorderly conduct for his role in the incident.
In November, charges against a 16-year-old were dismissed by recommendation of the prosecutors.
Two other players, one 16 and one 17, each pleaded guilty to one delinquency charge of hazing.
Those youths were given 40 hours of community service and ordered to write a five-page essay on bullying.
They also were ordered not to have any contact with the victim or his family.
Carl Chancellor can be reached at 330-996-3725 or cchancellor@thebeaconjournal.com.
What has been described as a hazing incident that went horribly wrong had two Tallmadge High school football players in Summit County Juvenile Court today facing rape and rape related charges.
Attorneys for the defense and prosecution agreed in opening statements that a sophomore football player had indeed been accosted by several teammates last summer following a football practice behind the school.
And the attorneys for both sides also stipulated that during the altercation, the victim was forced to the ground, had his pants pulled down and was jabbed in the buttocks with a drinking straw.
What attorneys don't agree upon is whether the attack was premeditated and if the straw penetrated the victim's rectum, which is crucial to establishing the rape charge.
There was no doubt as far as the victim was concerned.
During at times emotional testimony, the victim, now 16, described in detail the incident that he had hid from his parents, coaches and school officials until police questioned him more than a month after the incident.
''I didn't tell anybody. I didn't want people to find out,'' the young man said.
The victim said he struggled unsuccessfully to free himself and stop the attack. He said the actual incident with the straw lasted only a very short while —''five to eight seconds''— but said the straw entered his rectum more than once during that time.
''It went in,'' he said.
The victim identified the two defendants, both 17, as two of the teammates who held him down on the ground, and one of them as the person, who placed a straw into his rectum.
One of the defendants, a junior is charged with one count of delinquency by rape, a felony and one count of hazing, a misdemeanor.
The other, a senior is charged with one county of delinquency to commit rape, a felony and one count of hazing.
A tape recording, made shortly after the arrests of the two players, was played in court this morning.
One of the defendants can be heard saying, ''Rape? Are you serious?''
Before the victim took the stand, another teammate, who previously pleaded guilty to hazing, testified about the incident saying a few of the players ''were just messing around and it got out of hand.''
After the prosecution rested its case this afternoon, defense attorney Scott Rilley asked Judge Linda Teodosio to dismiss the complicity to commit rape charge against his client.
Rilley argued that prosecutors had failed to prove that his client knew that ''pantsing'' — a common hazing practice among Tallmadge football players of pulling down a teammate's shorts — would escalate to an alleged rape.
''None of the individuals knew the incident with the straw was going to occur,'' Rilley said.
Teodosio overruled the motion.
The trial is expected to conclude Tuesday.
In December, a 17-year-old teammate was given 40 hours of community service and other sanctions after pleading guilty to a delinquency charge of disorderly conduct for his role in the incident.
In November, charges against a 16-year-old were dismissed by recommendation of the prosecutors.
Two other players, one 16 and one 17, each pleaded guilty to one delinquency charge of hazing.
Those youths were given 40 hours of community service and ordered to write a five-page essay on bullying.
They also were ordered not to have any contact with the victim or his family.
Carl Chancellor can be reached at 330-996-3725 or cchancellor@thebeaconjournal.com.
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