YOUNGSTOWN — Nicholas Y. Felder, 25, who was indicted last September on charges of rape, trafficking in persons, compelling prostitution and other offenses has asked Mahoning County Common Pleas Court Judge Anthony D’Apolito for $3,000 to pay for an expert cellphone witness to assist Felder with his defense.

The expert would be hired to “review and evaluate cellphone data and the origin and existence of cellphone evidence to be used by the State of Ohio in proving and prosecuting the charges against” Felder, according to the filing by defense attorney J.P. Laczko.

On Sept. 2, Laczko asked the judge for an order authorizing the funds because Felder, of Youngstown, cannot afford to pay for his own expert witness. The judge ruled in May that Felder is indigent, meaning not able to afford his own attorney.

Felder is in the Mahoning County jail in lieu of a $200,000 bond.

Laczko’s motion states that the expert is “necessary to protect (Felder’s) rights to due process, equal protection and effective assistance of counsel, all guaranteed by state and federal Constitutions and that he anticipates the need for expert assistance.”

Laczko added that “In order to guarantee that (Felder’s legal representation) is effective and adequate in this case, it is essential that defense counsel be provided with the (expert) assistance” being requested. The assistance is needed “for expert assistance for the review and evaluation of the proposed cellphone evidence.”

Laczko has been in contact with Narrow Path Investigations of Akron to provide the assistance, the filing states. “Initially, (Felder) requests authorization for (the) expenditure not to exceed $3,000 unless otherwise approved by this court to obtain the expert assistance reasonably necessary to prepare this case for trial.”

Laczko’s filing added, “In light of the severity of the charges and possible sentences, the State has a substantial increased interest in establishing the validity of the proposed cellphone evidence against (Felder), assuring the reliability of the fact-finding process and the propriety of the outcome of this (case) including the sentence to be imposed if conviction occurs.”

D’Apolito has not yet ruled on the request.

Use of various types of cellphone data has been a key tool for prosecutors in recent years, especially in cases such as the killing of 4-year-old Rowan Sweeney in Struthers in 2020.

TASK FORCE

The Ohio Attorney General’s Office issued a press release Sept. 9, 2024, stating that an investigation by the Mahoning Valley Human Trafficking Task Force led to Felder’s indictment.

Felder’s case was directly presented to a Mahoning County grand jury, leading to his indictment on one count of rape, one count of trafficking in persons, two counts of compelling prostitution, one count of commercial exploitation of a minor, three counts of corrupting another with drugs and one misdemeanor assault charge.

If Felder were convicted of the high level felonies in his indictment, he could get about 40 years in prison.

The AG press release states that investigators with the Human Trafficking Task Force say Felder “advertised a juvenile victim for sex on multiple escort websites. He also is accused of arranging meetups between the victim and adult males in which he facilitated forced sex and kept the proceeds for himself. In addition, the indictment alleges that Felder raped the victim after providing narcotics.”

Felder’s case is set for trial March 9.

Laczko filed a motion to dismiss the charges against Felder in July, alleging violations of Felder’s speedy trial rights and other issues.

Assistant Mahoning County Prosecutor Caitlyn Andrews filed a response to the motion, stating that Felder did not meet his “burden of notifying the State, in writing of his request to have any and all pending charges adjudicated within the 180-day timeframe provided for in (Ohio law).”

Because Felder “never exercised this right” and was not arrested until May 1, “the speedy trial clock did not begin to run until May 1, 2025,” her filing states. “Thus (Felder’s) statutory rights to a speedy trial have not been violated.”

D’Apolito ruled against the motion to dismiss the charges Aug. 21.

The Human Trafficking Task Force is organized under Ohio Attorney General Dave Yost’s Ohio Organized Crime Investigations Commission and is led by the Mahoning County Sheriff’s Office. The task force includes representatives from the Austintown and Youngstown police departments, Ohio Bureau of Criminal Investigation, Ohio Investigative Unit, Ohio Adult Parole Authority, Warren Police Department, East Palestine Police Department and Salem Police Department.