An Akron man convicted last week of raping two young sisters failed in his bid Friday to have a judge dismiss his case over claims of prosecutor misconduct.
Summit County Common Pleas Judge Mary Margaret Rowlands delayed sentencing Clayton George, 31, until at least Feb. 10 in order to consider whether to hear more arguments from defense attorneys and prosecutors about a non-redacted document inadvertently given to jurors during deliberations.
Prosecutors accepted blame for the error and conceded during Friday’s hearing that jurors should not have seen the document, which references George’s prior designation as a sex offender.
George’s attorney, Donald Hicks of Akron, asked Rowlands to dismiss the case because of reports from jurors that the document was used to sway a lone holdout juror to vote guilty.
Prosecutors argued that George should be sentenced as scheduled Friday and allow George to appeal the conviction to a higher court.
George was convicted this month of raping two girls, now ages 10 and 7.
Rowlands refused to dismiss the case, but she agreed to delay sentencing to allow further study and legal arguments from both sides.