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YOUNGSTOWN After several delays, testimony in rape trial is set



Published: Thu, February 13, 2003 @ 12:00 a.m.



YOUNGSTOWN -- Jurors were to begin hearing testimony today in Mahoning County Common Pleas Court, where Kevin Brown is on trial on four counts of rape.

Authorities say Brown raped a 6-year-old girl in June and July 2001. Brown, 45, of Howard Street, denies it.

The victim, a girl Brown knows, told police she had been visiting a relative at the Howard Street house. When she was alone with Brown, he called her over to the couch and told her he wanted to play a game. The child then described sexual acts to police and said Brown "got nasty" with her.

The trial has been postponed several times for various reasons, which caused defense attorney Paul Conn to ask last summer that the charges be dismissed. He argued that prosecutors did not bring Brown to trial within the time limit required by Ohio law.

Judge James C. Evans ruled that Brown's right to a speedy trial was not violated and that all the delays were justifiable.

A trial began in late January, but was aborted during the jury selection process because of a problem with Conn's copy of Brown's indictment, which contained the wrong date for two of the offenses.

Conn's copy said the offenses happened June 26, 2001, when they are actually alleged to have happened two days earlier. That created a problem because Conn had submitted a notice of alibi for Brown's whereabouts on the 26th.

bjackson@vindy.com




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