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Man accepts plea deal in '03 rape



Published: Sat, August 6, 2005 @ 12:00 a.m.



The woman said she told the man 'no' and 'stop.'

YOUNGSTOWN -- For nearly two years, the lives of Ryan Kidd, 21, and the woman who accused him of rape have been put on hold.

They can both move forward now after Kidd accepted a plea deal after his trial started Friday.

Kidd's lawyer, J. Gerald Ingram, did not hide his displeasure with the fact the case even came to the Mahoning County court system in the first place.

Kidd was originally charged with three counts of rape and faced a possible 10 years in prison upon conviction.

A jury heard testimony from the woman in the morning, testimony that perhaps cast doubt on whether a crime had been committed.

Before the trial continued in the afternoon, Ingram and Dawn Krueger, an assistant county prosecutor, entered into a plea-bargain agreement.

Terms of the deal

Kidd would agree to plead guilty to an a charge of assault, a first-degree misdemeanor, which carries a maximum penalty of six months in jail and a $1,000 fine. That charge was amended to replace the first rape count. The other two rape counts would be dismissed.

The prosecutor's office also agreed to stand silent at sentencing, thus leaving the matter up to Judge James C. Evans to dole out the penalty.

Kidd, who now lives in Lousiana with his brother, pleaded guilty to the assault charge.

The judge delayed sentencing pending completion of a presentence report by the Ohio Adult Parole Authority. He could put Kidd in prison or put him on a two years' probation.

He also continued Kidd's bond, saying he had to stay in Louisiana and could leave only to return to Ohio for sentencing.

In opening statements, Krueger said the accuser would testify that on Sept. 29, 2003, Kidd forced her to have vaginal, anal and oral sex at a Normandy Drive home where Kidd lived at that time, that he hit her several times, and that she feared for her safety. She told the jurors that they must remember that "no means no," and that the accuser repeatedly said that to Kidd.

Ingram said in his opening statement that the "rest of the story" would reveal the case was about a woman who had too much to drink. He said the facts would show the sex was consensual -- in fact the accuser helped Kidd put on a condom -- and that the accuser initially didn't call police or go the hospital because she didn't think she had been raped.

Accuser's story

Under direct examination by Krueger and cross-examination by Ingram, the accuser, now 22, explained she and a friend went to a Market Street bar to drink beer and eat wings after they finished working at Chi-Chi's Restaurant in Boardman the night of Sept. 28. The accuser, who was not from the county, drove to the bar.

At the bar, the accuser and her friend met Kidd and one of his friends. Kidd and his friend were hockey players. The woman admitted she drank too large beers and liquor. She would tell both lawyers she was drunk.

She testified her friend eventually suggested they go to the home where Kidd and his friend were staying on Normandy Drive on the city's West Side. The plan was to have the home's owner, an elderly woman, prepare them a meal and they would watch videos.

The accuser originally balked, but later agreed to go. Kidd's friend drove a white car, and Kidd and the accuser kissed and fondled each other in the back seat on the way to the home.

She testified that when they arrived, they all went to Kidd's basement room. The woman's friend and Kidd's friend then left them alone.

She said the kissing and fondling continued and she didn't mind when Kidd started taking off her clothes. It is when Kidd began to move toward intercourse that she first said "no" and "stop."

Ingram brought out several inconsistencies when he questioned the woman, particularly asking her why she didn't scream, run away or call for help on her cell phone.

The woman said she didn't notify authorities or her mother because her concept of rape was guns and knives were involved in the crime and "there was blood and screaming."

She also told police a few days after the incident that she really didn't believe she was raped. It was only after she read information at Planned Parenthood in Youngstown and at St. Elizabeth Health Center, where a rape kit was taken, that it dawned upon her she had been sexually assaulted.

Krueger said the state entered into the agreement based on the woman's testimony and the negotiations with Ingram.

The accuser, when told the trial would not continue, addressed the court, telling Judge Evans she felt the plea wasn't fair and that justice wasn't served. She said she just wanted Kidd listed as a sex offender to let people know that he was a danger to other women.




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