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WARREN -- Attorney Dominic Vitantonio argued Thursday that the rape case of his client, Michael Edwards, a former Warren police officer, should be broken down into separate trials as it has grown to six victims since the first victim came forward in January.
During the hearing, which took place in front of Trumbull County Common Pleas Court Judge Cynthia Rice, Vitantonio also addressed pending motions, the release of testimony transcripts and reducing Edwards' $750,000 bond.
Edwards, 43, of Warren, faces 24 counts in total, including eight counts of rape; five counts of gross sexual imposition; two counts of extortion; two counts of theft while in office; two counts of dereliction of duty; one count of menacing by stalking; one count of attempted gross sexual imposition; and three counts of sexual battery with sexually violent predator specifications. Some of the charges carry firearm specifications.
SEPARATE TRIALS
Vitantonio accused prosecutors of selectively using evidence to bolster their case, suggesting that lumping multiple allegations together would unfairly sway a jury.
Vitantonio questioned how an indictment "for force or threat of force" could be returned because one victim called the sex acts with Edwards consensual "eight or nine times," according to Vitantonio.
Citing another case, Vitantonio argued that by "human nature" the average juror is more likely to believe guilt on the part of the defendant, "if it is proven to his satisfaction that the defendant committed a similar crime. So when you stack up all these similar claims your honor this is a big, other facts, evidence problem," Vitantonio said.
The defense also took issue with the prosecution's portrayal of Edwards as a "serial rapist," and argued it was a tactic to prejudice the court and public against him.
Assistant Trumbull County Prosecutor Gabe Wildman emphasized the fear and intimidation reported by all six victims and admitted to contradicting statements from one victim about consent. However, he alleged that Edwards abused his power as an officer to coerce the victims and instill fear. He then cited an instance where Edwards drove by a victim's home to shine a spotlight on her.
"He'd arrested her before, he let her go before and after this, in his own capacity as a police officer, he's armed with a gun, with a badge and his one police cruiser in every interaction with her," Wildman said. "So we would argue just because she says she uses the word consent, and she does multiple times, that the facts and circumstances dictate that the use of force is the position, inherent force and actual force to complete the acts."
Wildman also said he characterized Edwards as a "serial rapist" to "draw comparison" to a similar case.
He was referring to the trial of an Oklahoma police officer convicted of multiple counts of rape involving eight victims. Wildman said all the victims, 13 in total, were tried in the same case with five of the 13 being acquitted. Wildman said that is evidence a jury can "parse these issues out."
Wildman said the case was argued under similar circumstances of joinder to separate the cases and was denied. He also added that if more victims were to come forward, which he believes to be possible, the prosecutor's office would not issue another superseding indictment to add them to the trial.
GRAND JURY TRANSCRIPTS
As far as Vitantonio's grand jury transcripts, Rice asked the attorney for an explanation of his requests and Vitantonio said it was his client's constitutional right to know whether there were any "problems or issues" in the victims' testimony during the grand jury proceedings.
"If I understand the state correctly, they get out there and they say, 'You know, even though we acknowledge she said consent eight or nine or ten times, forget about what she said, let us tell you ladies and gentlemen of the jury that he's guilty,' and that puts you in a problematic position if you join four or five other people," Vitantonio said.
Rice responded, saying that the two "diverse positions" of whether there was consent or not is "why we go to trial."
Vitantonio then told Rice to look at it from a "different perspective" and questioned how prosecutors could secure an indictment or a conviction considering the admission of consent by one victim.
Rice told Vitantonio she would consider his request as he has until May 17 to submit more information.
BOND MODIFICATION
Despite the allegations levied against Edwards, Vitantonio said his client doesn't pose a flight risk or danger to the community and stated that a lowered bond or house arrest is appropriate. Vitantonio also stated Edwards doesn't have a criminal record and "wouldn't have access" to any of the victims. Setting a lower bond would mean he could leave the Trumbull County jail, which is where he's been since his January arrest, and that in turn would help prepare his defense, Vitantonio said.
Rice said Vitantonio and Edwards can discuss the case and additional court help can be arranged.
Wildman's argument for holding Edwards without bond primarily hinges on the "nature of circumstances, weight of the evidence and his identity." However, Wildman also called into question the "poor character" of the defendant, alluding to his mental health struggles following a police shooting, and the ongoing fear among the alleged victims.
"The requirement of the law is that you (Wildman) show he is either a risk of flight or a danger to the community," Rice said and added that Wildman had failed to provide that notion at previous hearings.
Rice decided to maintain Edwards' bond but allowed for the possibility of house arrest if he posted bail. She deferred ruling on the other motions pending further review.