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WARREN -- An Ohio appeals court on Tuesday upheld Darrl Mack's rape conviction and two consecutive life sentences on multiple counts of rape and gross sexual imposition, rejecting the defendant's claim that the judge made several errors during the two-day trial in Trumbull County Common Pleas Court.
The case was handled for the state by Trumbull County Assistant Prosecutor Diane Barber, who sealed a conviction of Mack on all charges.
The victims were ages 4, 6 and 8 during the duration of the abuse in the spring of 2021. Their mother testified that Mack, her cousin, would babysit her children while she was at work.
All three children also testified about their experiences during the trial in March. The jury deliberated for about two hours before finding Mack guilty.
Following the guilty verdicts, Barber said, "These cases are very tough for jurors to sit and listen to. Obviously, the subject matter is very disturbing. And we are pleased that the jury gave their time and attention and took time away from their lives to come and do their civic duty and render the verdict that they did."
Mack, 26, was sentenced in April 2023 by Trumbull County Common Pleas Judge Cynthia Rice after a jury found him guilty of three counts of rape and three counts gross sexual imposition.
Mack's attorneys hinged their appeal on several claims of error. Mack claimed the trial court "abused its discretion" by allowing over objection, "hearsay" statements made by the victims about the acts to certified nurse practitioner Monique Malmer of the Child Advocacy Center at Akron Children's Hospital in Boardman.
His attorneys raised these additional errors:
• Mack's conviction was not supported with "sufficient evidence."
• Ineffective trial counsel
• Abuse of discretion claim against the trial court for giving an "in loco parentis" instruction on the force element.
• Mack's sentence is "contrary to law."
• Abuse of discretion by not allowing testimony that a relative of one victim was convicted of rape.
• Failure to make all findings to impose consecutive sentences.
• Conviction must be vacated as being against the "manifest weight of the evidence."
• The trial court erred when it "failed" to merge counts four, five and six as one offense.
In a 35-page decision written by 11th District Court of Appeals Judge Matt Lynch, he wrote that all the defendant's claims of trial errors were without merit. Lynch was joined in the opinion by fellow district judges John Eklund and Robert Patton.
Assistant Prosecutor Ryan J. Sanders handled the appeal for the state while Mack's lawyer, Eric M. Levy, of Cleveland, argued on behalf of the defendant during a November hearing.
Mack will remain incarcerated at Belmont Correctional Institution.
cmcbride@tribtoday.com