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Plea deal leaves rapist free pending sentencing



Published: Thu, March 17, 2011 @ 12:07 a.m.

By Peter H. Milliken

milliken@vindy.com

YOUNGSTOWN

A 53-year-old man, who has spent nearly four years in jail and prison, was ordered freed on his own recognizance pending sentencing after pleading no contest to four counts of raping his former girlfriend in June 2007.

Carl Chaney, of Hubbard Road, was convicted by a jury of those counts in May 2008. Former Judge Timothy E. Franken of Mahoning County Common Pleas Court sentenced him to 10 years in prison and fined him $5,000.

In March 2010, however, the 7th District Court of Appeals ordered a new trial for Chaney, saying the prosecution made improper references during its cross-examination of Chaney and its closing argument to Chaney’s refusal to give police a statement after his arrest.

The appellate court noted that Judge Franken failed to tell the jury to disregard the prosecutor’s comments.

Judge Lou A. D’Apolito ordered Chaney released after taking his plea Tuesday.

In this week’s plea agreement, Natasha Frenchko, an assistant county prosecutor, agreed to recommend that Chaney be sentenced to the time he has already served. Sentencing is set for 9 a.m. April 22.

Frenchko could not be reached to comment on why she agreed to the plea deal.

The available sentencing range for rape, a first-degree felony, is three to 10 years in prison on each count. Sentences on multiple counts may be imposed concurrently or consecutively.

After he was released from Mahoning County jail on Tuesday, Chaney was taken to Trumbull County jail on a 2008 bench warrant from that county’s family court for failure to appear there in a civil nonpayment-of-child-support case.

Since that warrant was issued while Chaney was incarcerated and unable to pay, Magistrate Scott Bombeck ordered Chaney released from jail after a Wednesday hearing if no other jurisdictions had any cases in which he was to be jailed.

The magistrate, however, ordered Chaney to comply with terms of the child-support order.


Comments

1auntiem4cabs(113 comments)posted 3 years, 5 months ago

what a lovely system we have.

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2steelwagon(284 comments)posted 3 years, 5 months ago

You bet it's a great system !!!
So this guy is turned loose with nothing on the line or nothing to lose and no way to gaurantee he shows up for sentencing.

He's 53 years old and looking at 10 years in state prison.
Hummmm let me see.......
Hell yeah I'm going to bolt !!!!!!!

Clearly the system is broken !!

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3fcb(320 comments)posted 3 years, 5 months ago

Lets see,This guy is in jail so now the judge is letting him out of jail to sentence him back to jail. Makes sense to me. Justice system my a--.

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4unclebill(23 comments)posted 3 years, 5 months ago

Is this an early April Fools joke , or is it really our court system?

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5fcb(320 comments)posted 3 years, 5 months ago

Lets see,This guy is in jail so now the judge is letting him out of jail to sentence him back to jail. Makes sense to me. Justice system my a--. This judge was in my 7th grade class. He didn't know what he was doing then and he sure as hell doesn't know what he's doing now.

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6Lifes2Short(3875 comments)posted 3 years, 5 months ago

Amazing.

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7TiredTaxpayer(44 comments)posted 3 years, 5 months ago

This is outrageous. The scumbag is originally convicted (forcing a trial and the victim to testify) of 4 counts of rape and Asst Prosecutor Natasha Frenchko has agreed to recommend a sentence for time served because of some b/s issue on appeal. I guess he's been punished enough, right Natasha? What a betrayal of the victim and the community to release this animal back to society.

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8TiredTaxpayer(44 comments)posted 3 years, 5 months ago

With my blood still boiling, I seemed to recall reading Asst Prosecutor Natasha Frenchko's name in another recent article that involved a sell-out of a victim and sure enough just last week (Sat., 03/12 edition of the Vindy) she was the prosecutor who reduced a sentence to 7 years (from a possible life sentence) for a piece of human filth that raped a 5-year-old. This would NEVER have happened in Trumbull County. Up there, they have a prosecutor who does his job and puts criminals away. Gains and his incompetent staff must go!

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9Traveler(606 comments)posted 3 years, 5 months ago

He going to rape a woman again he knows he is looking at long jail time without female company so he better get it now while he can if the woman is agreeing or not

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101970mach1(1005 comments)posted 3 years, 5 months ago

His deal is he is getting sentenced to time served. He isn't going back to jail. It is right there in the article. There is no point in holding him just to tell him he is free to leave.

Personally, I think 4 counts of rape merits MUCH more than 4 years, but that's just me.

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11henryviii1509(274 comments)posted 3 years, 5 months ago

WOW! There must be something that we're not being told here! Natasha Frecnhko is usually very tough on RAPISTS, maybe the investigation was screwed-up by the police...and...NATASHA IS SMOKIN HOT!

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12TiredTaxpayer(44 comments)posted 3 years, 5 months ago

That's exactly right, 1970mach1. The title of the article is misleading because the rapist isn't going back to jail. His sentence will be reduced to time served based upon the agreement of the prosecutor's office. And for the record, the rapist served LESS than 4 years. It's a travesty of justice and an insult to the victim that the prosecutor wouldn't fight to get more time for this already-convicted rapist. Shame on them.

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13TiredTaxpayer(44 comments)posted 3 years, 5 months ago

Please don't blame the police department. The investigation was good enough to obtain a conviction.

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14Morrigan(83 comments)posted 3 years, 5 months ago

Our courts are a joke! How, in good consicience, could a prosecutor allow a rapist to walk out of the courtroom?

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15Stormieangel(136 comments)posted 3 years, 5 months ago

Maybe Natasha needs to experience the humiliation and fear of the victims for whom she obviously has little compassion. Maybe if she was the victim of such a crime, she would be a better PROSECUTOR.
But hey, folks, time and time and time again we see we do NOT have a JUSTICE system; it merely is a LEGAL system. A speeder really gets penalized far more than one who rapes, kills, steals. But then that is easy money for the LEGAL system and the organizations that profit from speeding fines. It is a sad and sickening situation, isn't it?

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16Nom_De_Plume(54 comments)posted 3 years, 5 months ago

Disgraceful. Shocking. Utterly outrageous. This so-called prosecutor, the representative of The People, releases a rapist into the community without so much as a whisper. The amendment of the bond was AGREED TO by the prosecutor's office. You would think that the office would've learned something on the heels of the Lexter Williams debacle.

The testimony of the victim was good enough to convict this raping animal the first time but now it's not? I would be willing to wager that the victim was not even contacted in advance of this plea. And, let us not forget that it was misconduct by the prosecutor during the trial that precipitated this reversal and the re-victimization of those that this rapist harmed!

@ TiredTaxpayer. Kudos to you for doing the quick reseach to show the pattern of ineptitude of not only this prosecutor but of the entire Gains regime. One time can be explained as a lapse in judgment but now it has happened again. That, folks, is called a pattern. I'm sure this is not the only such pattern. And, to boot, this particular prosecutor received a raise of nearly $10,000.00 in her annual salary during Gains' last round of patronage and cronyism at taxpayer expense. Raises given while unions and the rest of the middle class are under assault by SB5 and a governor that cares no more for the People of this state than these prosecutors do for the safety of this community.

This is what we arepaying for? This is the best-of-the-best that Gains must retain?

Shame on you, Ms. Frenchko, for your lack of judgment in this case. And, shame on you Gains for allowing your office to run in this manner. WHEN this rapist offends again, that is on your hands.

Gains has got to go!

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