The judge ruled that Brandon Moore's right to a speedy trial was not violated.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A 16-year-old boy charged with helping to rape a Boardman woman last year will go to trial, despite the objections of his lawyer.
Judge R. Scott Krichbaum of Mahoning County Common Pleas Court ruled Thursday that Brandon Moore's right to a speedy trial was not violated. The case is set for trial July 22.
Moore, of Applecrest Court, is one of four people charged in the August 2001 rape. He is being tried as an adult.
A county grand jury indicted him in May on three counts each of aggravated robbery, rape and complicity to rape, and single counts of kidnapping, conspiracy to aggravated robbery and aggravated menacing.
His lawyer, Damian Billak, had filed a motion to dismiss the charges, arguing that prosecutors had not met their burden of bringing him to trial within the required time limit.
Under Ohio law, a criminal defendant must be brought to trial within 270 days of being bound over to common pleas court, unless the defendant waives his right to a speedy trial.
If the defendant is in jail awaiting trial, each day behind bars counts as three days toward the speedy trial time limit. If the defendant is in jail the whole time, the limit is reduced to 90 days.
Billak said the matter was bound over to common pleas court from juvenile court in November 2001. Because Moore has been in jail the whole time, he should have gone to trial in February.
But Judge Krichbaum said the bindover order was vacated in December 2001 by Judge Theresa Dellick of juvenile court. A hearing was held in April, after which Moore was again bound over to the adult court.
Judge Krichbaum ruled that the original bindover from juvenile court was improperly done, so it can't be considered valid.
The time to start counting toward Moore's speedy trial deadline actually began April 23, when he was finally and legally bound over to the adult court, Judge Krichbaum said in his written decision.
That means the time expires July 22, which is when he's scheduled for trial.
Billak had not seen the decision and so declined to comment on it.