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YOUNGSTOWN Evidence allowed in rape case



Published: Thu, April 18, 2002 @ 12:00 a.m.



The judge ruled that police did nothing to taint the investigation of the rape.

By BOB JACKSON

VINDICATOR COURTHOUSE REPORTER

YOUNGSTOWN -- A judge has refused to throw out statements made to police and a photo identification of suspects in the rape of a 21-year-old Boardman woman last August.

The statements were made by Andre Bundy, 19, of West Hylda Street, and Jamar Callier, 21, of West Delason Avenue.

Callier faces two counts of rape and aggravated robbery and one count of kidnapping and conspiracy to aggravated robbery. Bundy is charged with conspiracy to aggravated robbery and two counts of aggravated robbery.

Their lawyers argued that the statements were illegally obtained by the Youngstown Police Department and they cannot be used against them at trial. Judge R. Scott Krichbaum of Mahoning County Common Pleas Court ruled Wednesday that the police department did nothing wrong, so the statements are legal.

Photo identification

A third suspect, Chaz D. Bunch, 17, of Willis Avenue, asked that a photo identification of him by the victim be thrown out, but Judge Krichbaum refused that request as well.

Bunch faces multiple counts of rape, complicity to rape, aggravated robbery, kidnapping, aggravated menacing and conspiracy to aggravated robbery. He is being tried as an adult.

The victim told police she was drawn to Bunch's photo, which was among an array of photos shown to her. However, the photo showed only Bunch's face and she was unable to positively identify him.

The victim asked to see a full-body photo, saying she had noted her attacker's full-body characteristics while he was in the act of raping her. Police did not have such a photo.

However, the victim said that when she saw a photo of Bunch afterward in The Vindicator, she immediately identified him as her attacker.

Judge Krichbaum said that identification was made independently by the victim without input or coercion from police or prosecutors, so authorities did not unfairly taint the identification process.

A hearing was scheduled for today to set a trial date for the suspects.

bjackson@vindy.com




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