School custodian cleared one day before rape trial; child confesses he made it up

Milton-Union custodian Jerry North had maintained innocence; prosecutor says child, now 11, admitted fabrication during final trial preparations
ajc.com

TROY — Miami County prosecutors Monday dismissed rape and other charges against a Milton-Union schools custodian, saying the alleged child victim in the case recanted his story Sunday.

Jerry North, 60, was scheduled to go on trial Tuesday before a Miami County Common Pleas Court jury on three felony counts of rape, two felony counts of gross sexual imposition and one felony count of intimidation of a victim or witness. He was accused of sexual misconduct between 2018 and 2021 and was indicted by a county grand jury in 2023.

North had pleaded not guilty to all charges. He posted bail in May and had been on electronically monitored house arrest since. His attorney had maintained North’s innocence.

When the boy was brought in for final trial preparations Sunday, the now 11-year-old told prosecutors and victim advocates that he fabricated the allegations, Prosecuting Attorney Tony Kendell said Monday. “He let out a sigh (and said) … I made it all up,” Kendell said, adding that the boy will not be charged.

“In my 30 years in the Miami County prosecuting attorney’s office I have never witnessed a scenario such as this,” Kendell said. “I am thankful Prosecutor Matthew Joseph with assistance from other members of my staff was able to effectively discover the truth in this matter. No person should be put on trial for fabricated allegations.”

The boy was at the courts last week to see the courtroom and other pretrial preparations and made no indication of any change in his allegations, Kendell said.

Jerry North

Credit: Miami County Jail

icon to expand image

Credit: Miami County Jail

That changed during Sunday’s discussion with prosecutors and victim advocates, he said. In a written statement, Kendell wrote that on Sunday the juvenile “admitted that he had in large part fabricated the allegations against Mr. North. Further, the remaining allegations did not align temporally with prior disclosures.”

North was represented by attorney Tony Comunale of Dayton. He released the following statement Monday afternoon.

“We would like to thank the West Milton community for its overwhelming support and for standing by Jerry through this difficult ordeal,” Comunale wrote. “From the very beginning these allegations were based on complete lies. Now that the truth has come out, we would like to commend the Miami County Prosecutor’s Office and staff for seeing to it that justice was done.

“We would also hope that this case stands as a cautionary tale for those who are charged with the investigation of these kinds of claims. Professionals should not be so easily fooled by baseless fabrications like those made in this case. Real people’s lives can be ruined,” the statement said.

“Now that the truth is out, hopefully Jerry will be able to return to a normal life, his friends and family. The many friends and supporters of Jerry know that he is a kindhearted, gentle person who always thinks of others before himself. He is the last person anything like this should have ever happened to. Once again, our thanks to all the people that came forward to help uncover the truth and stand by Jerry.”

Back in October, Comunale had said that there was ”no corroborating evidence to support any claim that Mr. North did anything wrong and ‘eyewitnesses’ identified by the accuser have come forward to tell the police that nothing happened.”

North had been placed on administrative leave by the Milton-Union schools board of education following his arrest.

District Superintendent Brad Ritchey said Monday the district would have no comment on the dismissal of the case.

A civil lawsuit was filed against the school district last fall in Miami County Common Pleas Court by the parents of the child, claiming the schools were told about suspected harassment and abuse but failed to properly investigate, and report the allegations to law enforcement.

That lawsuit later was moved to federal court in Dayton, where a stay on proceedings was approved, pending the outcome of the criminal case.

Contact this contributing writer at nancykburr@aol.com

About the Author