Judge delays sex offender sentencing to allow young victim to attend

A Miami County judge Monday continued the sentencing of a Tipp City man convicted of sexual conduct with a minor to allow prosecutors to subpoena the teen victim who said she wanted to attend the hearing but was prohibited by her mother.

John Maingi, 38, originally was indicted by a county grand jury on two felony counts of rape and two felony counts of gross imposition.

The indictment alleged the offenses occurred between August 2011 and December 2016. One rape count stated the alleged victim was younger than 10. The second rape count stated the alleged victim was younger than 13. Maingi later pleaded no contest and was found guilty of felony sexual battery and gross sexual imposition in county Common Pleas Court.

Under the plea deal, outlined by defense lawyer Kevin Lennen in October, prosecutors would recommend a three-year mandatory prison term. Maingi could receive up to 10 years in prison at sentencing now set for Monday, Dec. 17.

Judge Christopher Gee was told Monday by Janna Parker, assistant county prosecutor, that the victim planned to attend sentencing but notified prosecutors earlier in day that “she was not allowed” by her mother to attend. Parker said a victim impact statement the victim wrote would be read in court.

Gee asked if prosecutors would consider subpoenaing the victim to appear. Parker said they would.

“Given the serious nature of the charges in this case and the victim’s expressed desire to be present, I think she has a constitutional right to be present,” Gee said.

Defense lawyer Kevin Lennen did not object to continuing the sentencing.

Maingi remains in the county jail on $400,000 bail.

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