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YOUNGSTOWN -- A 26-year-old Youngstown man was found guilty Monday on seven of eight counts charging him with the January rape and robbery of a 79-year-old relative.
Mahoning County Judge R. Scott Krichbaum announced his decision about a half-hour after he adjourned the bench trial of Anthony Consiglio, who lived with his mother at a home on Mora Lane on the West Side.
Consiglio, who was convicted of rape, attempted rape, aggravated robbery, robbery, theft from an elderly person, domestic violence and assault, is scheduled to be sentenced June 21. He remains in custody in the Mahoning County jail, where he was booked Feb. 18.
Krichbaum acquitted Consiglio on one count of obstruction of official business. Consiglio faces a maximum of about 40 years in prison.
During the half-day trial, both defense attorney Thomas Zena and assistant Prosecutor Kevin Day agreed to the facts of the case. Consiglio went into the Campbell home of his relative on Jan. 24 and demanded money. When the woman would not comply, the defendant forced himself on her.
The defense and prosecution differed, however, on whether the defendant, who was known to suffer from schizophrenia and paranoia, was sane at the time of the acts. Both sides called psychologists to the stand, Dr. Jessica Hart of the Forensic Psychiatric Center of Northeast Ohio for the prosecution and Canton psychologist Dr. Robert DeVies testified for the defense.
After the verdict was read in court, Krichbaum said the testimony of the prosecution's expert witness was more credible.
Hart, who interviewed the defendant on March 18 at the jail, said the man couldn't remember the events of Jan. 24 and testified he had a history of paranoia and schizophrenic episodes and had not been taking his medication. Hart's report, however, found that he was aware his actions were wrong at the time they occurred.
DeVies, on the other hand, testified he didn't think Consiglio was aware what he was doing was a crime. However, during cross examination, DeVies said he did not ask Consiglio what he remembered when Consiglio indicated he could recall some of the events of that day.
When Day asked DeVies why he didn't ask the defendant about his memory of that day, the doctor said he didn't because he didn't think his answer would be rational.
In his closing, Day said the defendant also stole two phones and cash.
"The phones were taken probably because the defendant didn't want his grandmother to call police," Day said.
Day also pointed to earlier testimony that showed Consiglio told his grandmother not to tell anyone what happened and that the defendant kept watch through a window during the attack.
Several members of the Campbell Police Department testified Consiglio struggled in chains and handcuffs with them during questioning after his arrest.
"These things show that Mr. Consiglio knew what he was doing was wrong," Day said at closing.
gvogrin@tribtoday.com