UPDATE, 12:20 p.m.: A judge on Friday pushed jurors to reach a unanimous verdict in a trial of a man accused of kidnapping and raping a Kettering woman nearly a decade ago.
Jurors had begun deliberations Thursday before being dismissed for the night without a verdict. The deliberations resumed Friday, but by mid-day Judge Dennis Langer implored jurors to continue seeking an unanimous decision.
EARLIER: Montgomery County prosecutors called on jurors to end the nightmare of a Kettering woman who said she was kidnapped and raped by a stranger in 2009 while walking toward a gas station to get ice cream.
Ted A. Mullins, 47, has been on trial this week in Montgomery County Common Pleas Court. Investigators said a DNA hit several years later at the Miami Valley Regional Crime Lab matched Mullins to evidence from the woman’s rape kit and clothing.
EARLIER: ‘It felt like an eternity:’ Rape victim testifies about 2009 incident
The jury in Judge Dennis Langer’s courtroom got the case just after 3:30 p.m. Thursday. The jurors had one question at about 5 p.m. and another 20 minutes later.
“Now that you’ve heard all of the testimony and seen all of the evidence in this case, I think we can all agree that when we shut our eyes and think of a nightmare, we think of the worst thing that could happen,” assistant prosecutor Kelsie Carson said. “Something that happens late at night when it’s dark. We think of something that starts out a little like this case. And (the woman) lived that nightmare back in 2009.”
Carson said Mullins’ DNA was found on multiple places on the woman’s body. “Every piece of physical evidence,” Carson said. “Every piece of DNA evidence supports (the woman’s) testimony and the testimony you heard this week.”
Defense attorney Carl Goraleski told jurors his client testified that he had seen the woman that night, but that the circumstances were entirely different.
RELATED: Kettering woman’s rape kit among thousands tested since 2011
“Ted Mullins is not guilty of these charges,” Goraleski said. “Yes, he saw her that night. Yes, she took a shirt from his house. He didn’t commit these crimes. In fact, when you consider the facts and evidence in this case, you may not come to the conclusion that a crime even happened that night.”
Assistant prosecutor Kelly Madzey said during closing arguments that jurors have testimony from the woman; her ex-boyfriend; a neighbor; police; a doctor; a nurse; other medical professionals; and physical evidence to tie Ted Mullins to the crime.
“You certainly heard two different accounts of what happened on June 27, 2009,” Madzey said. “Not just two different versions of a story, two sides to a story. You heard two very, very different accounts. And those two accounts cannot coexist.”
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Madzey said the victim in the 2009 Kettering rape “did everything we tell women to do,” including staying alive, getting to a safe place, getting help, telling police and preserving evidence.
Madzey said the victim “lived every minute of that nightmare” when she was removed by force from a Kettering street, had her liberty restrained and was raped three times. “That nightmare ends today. Find this defendant guilty.”
The woman testified this week about what was supposed to be a 5-minute trip to a gas station to get Snickers ice cream bars that turned into an abduction.
The now 33-year-old woman — who is not being named by this news organization — said she was dragged into a pickup, raped, forced to perform oral sex and dropped off in a Kettering neighborhood.
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The woman described how one man in the back seat pulled her jeans down and her shirt up and “telling me to shut up” while another person slowly drove the pickup and turned up the music. She said she could only see “trees and rooftops” while being pinned against the bench seat.
The woman said she never heard from Kettering police after 2009 until 2017 when a detective called. Mullins was arrested July 26, 2017, and is residing in Montgomery County Jail.
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