YOUNGSTOWN Boy waives speedy trial in rape
A defense attorney is seeking to have the boy's confession tossed out of court.
By JoANNE VIVIANO
VINDICATOR STAFF WRITER
YOUNGSTOWN -- The trial of a 16-year-old boy accused of being involved in a crime spree that ended with the gang rape of a 21-year-old Boardman woman last year has been postponed after he waived his right to a speedy trial.
Brandon Moore, of Applecrest Court in Boardman, is being tried as an adult and was scheduled to go to trial Monday in Mahoning County Common Pleas Court. He is charged with kidnapping, rape and three counts of aggravated robbery.
Also accused in the crime are Jamar Callier, 22, of West Delason Avenue; Andre Bundy, 19, of West Hylda Avenue; and Chaz Bunch, 17, of Willis Avenue.
Bunch is also being tried as an adult.
Moore's speedy trial waiver Wednesday came only hours after his lawyer had sought to have a judge review for a second time whether the speedy trial right had been violated.
It also came after lawyers presented evidence in a suppression hearing during which defense attorney Damian A. Billak sought to have the judge toss out a confession made by Moore to Youngstown police, and a photo identification of him made by the 21-year-old woman. Billak contends that the confession and identification were improperly taken by Youngstown police investigators.
Billak is also asking the judge to rule that there was no probable cause for police to stop a vehicle that links Moore to the crime.
Judge R. Scott Krichbaum has ruled that Moore's speedy trial rights were not violated. He has not yet ruled on the evidence requests.
Assistant Prosecutor Deena Calabrese said Krichbaum has ruled in co-defendants' cases that there was probable cause to stop the vehicle. Krichbaum has also refused to toss out photo identifications in the other three cases and has refused to throw out statements made by Callier and Bundy.
What is alleged
The Boardman woman told police she was gang-raped at gunpoint Aug. 21 on the city's South Side.
Investigators said the two men and two boys had been out cruising and robbing people when they came across the 21-year-old woman in a Detroit Avenue driveway. She was taken to another location where she was raped, investigators said.
Callier faces two counts of rape and aggravated robbery and one count each of kidnapping and conspiracy to aggravated robbery. Bundy is charged with conspiracy to aggravated robbery and two counts of aggravated robbery.
Bunch faces multiple counts of rape, complicity to rape, aggravated robbery, kidnapping, aggravated menacing and conspiracy to aggravated robbery.