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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 4 years ago

what a lovely system we have.

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2steelwagon(284 comments)posted 4 years 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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3unclebill(23 comments)posted 4 years ago

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

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4Lifes2Short(3879 comments)posted 4 years ago

Amazing.

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5Traveler(606 comments)posted 4 years 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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61970mach1(1005 comments)posted 4 years 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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7henryviii1509(274 comments)posted 4 years 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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8Morrigan(83 comments)posted 4 years 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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9Stormieangel(136 comments)posted 4 years 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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