Timothy G. Hall, 57, of Clearcreek Twp., would still face four rape charges and three sexual battery charges in the trial, unless Tepe declared a mistrial.
Christopher Conard, one of Hall’s lawyers, urged Tepe to declare a mistrial on Tuesday, before the prosecution had completed its case, because of the effect the first accuser’s testimony would have on the rest of the proceedings.
“This trial is irreparably tainted,” Conard said. “You can’t unring the bell.”
Tepe indicated he expected to dismiss the charges involving the victim who had testified and was considering declaring a mistrial, but would wait until prosecutors completed their case to make his decision.
On Monday and Tuesday, the first accuser testified about how Hall continued to sexually assault her even though she stopped showering and tried other tactics to stop him.
The woman, now 40, testified that he assaulted her while other friends slept nearby during a sleepover when she was in eighth grade in Springboro.
“I just was too scared,” she said.
Also Tuesday, Dr. William Ralston testified on Hall’s behalf, after the first accuser was finished testifying.
After reviewing medical records, Ralston, a forensic medical examiner in Kentucky and Ohio, testified about the absence of of reports of sexual assault for either of the two accusers, both who are known to Hall.
Ralston also testified on sedatives Hall was taking during the years of the allegations and the effects of a needle being used to administer sedatives.
Hall’s lawyers hope to convince the jury that the allegations are false, in part by bringing into court a past rape allegation and through experts bringing these old allegations into question.
On Tuesday, they challenged the first accuser’s testimony and changes in the level of detail provided from first contacting police last year to her time on the witness stand.
”Fabricated memories do exist,” Hall lawyer Kevin Hughes said in his opening statement.
The trial was expected to continue all week in Tepe’s court.
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