YOUNGSTOWN Prosecutor: Nephews saw activity
The defense attorney says there is no medical or scientific evidence against the Howard Street man.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Prosecutors say Kevin Brown's nephews walked in on him as Brown was having sexual contact with a 6-year-old girl.
They also say Brown wrote letters, asking people to cover for him in court and keep him out of prison.
Defense attorney Paul Conn said it will take more than that to convict Brown of four counts of rape, for which he is on trial in Mahoning County Common Pleas Court.
Brown, 45, of Howard Street, is accused of having sexual contact with the girl at his house in July 2001.
During opening statements Wednesday, assistant prosecutor Deena Calabrese said three of Brown's nephews walked into the house just after the alleged assault. One of the men, Mark Staples, testified that he saw Brown standing over the girl with his genitals exposed.
When Brown followed the men into another room, the girl ran out of the house and was later found hiding behind bushes several houses away, Calabrese said. When the girl, who knew Brown, later told her mother what happened, police were called and Brown was arrested.
Calabrese said Brown wrote a letter to the victim's mother, asking her to keep the girl from testifying in court and to not assist prosecutors in building a case against him.
"Please don't help the prosecutor lock me up," Calabrese quoted from one of the letters. "I'm so sorry for the pain I've caused you."
Calabrese said a medical examination showed some signs of injury consistent with sexual abuse, but Conn said there is no medical or DNA evidence against Brown.
He said DNA from a pubic hair found in the girl's clothing was tested and showed that it could not have come from Brown. That means it must have been someone else who assaulted the girl, Conn said.
The trial was to continue today in the courtroom of Judge James C. Evans.