Jury: Spence guilty of raping10-year-old girl
Published 12:00 am Wednesday, September 14, 2005
A Lawrence County jury deliberated an hour and a half Friday before returning a guilty verdict in the rape trial of a Sciotoville man.
Christopher Spence, 27, now faces a maximum 10-year prison sentence when he is sentenced Sept. 14. He was accused of having explicit sexual contract with a 10- year-old girl. Because of the extent of the contact and the age of the victim, he was charged with rape.
Spence could have been convicted of gross sexual imposition, a lesser charge. At the request of defense attorney Jim Boulger, Lawrence County Common Pleas Judge Frank McCown instructed the jury that they could return a verdict on the lesser charge if they determined the contact Spence had with the child was less serious than that called for in the state's definition of rape.
Spence took the witness stand in his own defense Friday. Under questioning by Boulger, he told the court that his confession, obtained by Lawrence County Sheriff's detective Aaron Bollinger, had been coerced and he only agreed
to give such a confession because he thought he would be helping the victim and in the process avoiding a harsher sentence for himself.
"I tried to explain to him what happened and he said that didn't sound right to him," Spence said. "He said I could get 30 days (community service) if I cooperated and if I didn't I could spend years in prison."
But during cross examination, Assistant Lawrence County Prosecutor Charles Cooper countered that Spence had signed the Miranda form and had initialed it several times as required, noting that he had been fully informed of his rights, including the right to remain silent, leave the interview with Bollinger at any time and obtain legal counsel.
Cooper also pointed out that Spence has never said specifically that he did not touch the child. He pointed out that Spence had been drinking and could not account for his behavior between the time after he fell asleep at the child's home and her step-father awakened him and ordered him to leave the house.
"Are you sure in your mind you didn't do it?" Cooper asked Spence.
"I don't remember," Spence replied.
Cooper recalled Bollinger to the witness stand to deny he had ever coerced a confession from Spence of that he had ever promised a light sentence in exchange for a guilty plea.
As the verdict was read and the jury polled, members of Spence family sobbed from the gallery in the courtroom.
While the victim did not attend Friday's proceedings, her parents were present when the verdict was read. Afterward, they said they were satisfied with the jury's decision.
"I'm glad it's over so she doesn't have to come back," the mother said.
"She told us that whatever happened, she wanted us to tell her," the step-father said.