Dayton man found guilty of 4 sex crimes, but prosecutors plan to try case again

Robert Emmanuel Harrison

Credit: Montgomery County Jail

Credit: Montgomery County Jail

Robert Emmanuel Harrison

Jurors found a Dayton man guilty of four counts of gross sexual imposition, but they couldn’t come to a verdict on rape charges.

The jury also found Robert Emmanuel Harrison, 34, not guilty on two counts of disseminating materials harmful to juveniles, two counts of unlawful sexual conduct with a minor and two counts of sexual battery, according to court records. Jail records say Harrison is incarcerated in the Montgomery County Jail, where he’s been since his arrest in October 2019.

Harrison was indicted in 2019. Prosecutors said the victims are children and are known to Harrison. A jury trial began on Jan. 12, according to the case’s docket.

A verdict entry form filed in the case says a jury was empaneled and heard from both prosecutors and the defense and then informed the court on Jan. 15 that it could not reach a verdict in eight of the indicted charges. The court then declared a mistrial for four counts of rape and four counts of sexual battery. However, the jury did reach a verdict on the other counts.

“The jury was discharged from further consideration of this cause,” the verdict entry reads.

The Montgomery County Prosecutor’s Office told the Dayton Daily News that prosecutors aren’t finished with this case.

“This case involves the heinous sexual assaults of minor children. We believed there was sufficient evidence and went forward with a jury trial. We are disappointed that the jury was unable to reach a verdict on some of the counts. We will proceed with another trial on those counts at a future date to obtain justice for the victims.” Leon Daidone, chief of the prosecutor’s office criminal division, said in a statement to the newspaper.

Because the case still pending, prosecutors declined further comment.

Defense attorney Ben Swift told the Dayton Daily News that his client maintains that he is innocent.

“Mr. Harrison continues to assert his innocence in this matter, and he looks forward to his future day in court,” Swift said. The attorney said he expects to learn more about the future of the case this week.

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